DR - Interim apps. General

Question 1

General: What are interim applications?

Answer 1

applications for orders or directions made to the court, usually in the interim period between the claim and commencement of proceedings.

Question 2

General: When should an interim application be made?

Answer 2

As soon as it becomes apparent that it is necessary or desirable to make an application.

Parties are under an obligation to ‘bunch’ their applications

Question 3

General: How does the interim application process start?

Answer 3

the applicant files an application notice at court which states:

• Who is making the application 👀
• What the applicant wants 🎁
• Why the applicant is applying for the order 🤷‍♀️
• What information the applicant relies on in support of the application. 📑
• draft order 📝
• court fee 💰

Question 4

General: Who is an interim application made to?

Answer 4

The court in which the main case is being heard/likely to be heard.

Question 5

General: What happens after an interim application is made?

Answer 5

Service is made on the respondent including:
- Application notice
- Supporting evidence
- Draft Order
- Notice of hearing date 👂📆

Question 6

General: What happens after the court issues the interim application?

Answer 6

The application must be served on the other party by either the court or the applicant.

Question 7

General: When must the application be served?

Answer 7

Service must be effected as soon as reasonable practicable after the application and not less than 3 clear days before the application is to be heard.

Question 8

General: Once an application is served, what does the respondent do and when?

Answer 8

• they may wish to file evidence in the form of a witness statement
• as soon as possible

Question 9

General: Can the applicant respond to the respondent’s evidence? If so, when?

Answer 9

• Yes, the applicant can bring further evidence.
• as soon as possible

Question 10

General: When should a statement of costs in relation to an application be made?

Answer 10

• not less than 24 hours before the hearing.

Question 11

General: When can an interim application be dealt with in the absence of a hearing?

Answer 11

• The parties have agreed the terms of the order
• The parties agree that there should be no hearing
• The court does not consider a hearing appropriate

Question 12

General: What happens after the hearing for an interim application?

Answer 12

The court will make its decision and the order will be drawn up, sealed and served by the court.