Interim Applications

Question 1

What is an interim application?

Answer 1

An application made to the court which requires a judicial decision

Question 2

Outline the process for a standard interim application

Answer 2

1. Notice served ASAP or at least 3 days before hearing
2. After order has been served, other party has 7 days to apply to have order set aside

Question 3

What is a summary judgement?

Answer 3

Allows courts to decide a claim or an issue in a claim without a trial.

Question 4

What must be proven by a party to obtain a summary judgement?

Answer 4

1. That other party’s claim has no real prospect of success; and
2. There is no other compelling reason why the claim should proceed to trial

Question 5

What is the timeline for obtaining a summary judgement?

Answer 5

1. Applicant’s evidence served at least 14 days before hearing
2. Responses from other party served at least 7 days prior to hearing
3. Responses from claimant at least 3 days prior to hearing

Question 6

What is an interim payment?

Answer 6

Order to pay money before a case has been finally determined.

May be granted if def has admitted liability

Question 7

When can an application for an interim payment be made?

Answer 7

Can’t be made before time period for acknowledging service has expired and no less than 14 days before hearing

Respondent must respond at least 7 days before hearing.

Claimant can respond at least 3 days before hearing

Question 8

What is an injunction?

Answer 8

Court order requiring a party to do or stop doing something

Question 9

What is a freezing order?

Answer 9

A prohibitory injunction to prevent disposal of assets

Question 10

Whats a search order?

Answer 10

A mandatory injunction ordering party to admit other party onto their premises to preserve evidence

Question 11

Within what time period is an applicant likely to obtain an injunction?

Answer 11

Within 24-48 hours

Question 12

What must an applicant prove to obtain an injunction?

Answer 12

1. The matter is urgent
2. It is desirable to award the injunction in the interests of justice