70104 Study Guide - Final Guide: Affidavit, Berlin Outer Ring, Service Of Process
Document Summary
What are interlocutory applications: applications made within proceedings. 18. 1 applications for court orders are to be made by motion: an interlocutory or other application is to be made by motion unless these rules otherwise provide. 18. 4 time for service of notice: at least 3 days before the date is fixed for the motion. 18. 7 motion may be dealt with in party"s absence (ex parte application: may need to serve the motion in their absence. 18. 8 further hearing: notice of motion may be stood over to another day for hearing e. g. (cid:272)ou(cid:396)t does(cid:374)(cid:859)t have enough time on that day. There is a balancing exercise here in interlocutory applications: one one hand considerations of financial disadvantage and inconvenience to defendant, on other hand, consideration made to plaintiffs undertaking as to costs. Applications made within the proceedings usually trying to preserve the status quo. Different modes of commencing - i(cid:374)te(cid:396)lo(cid:272)uto(cid:396)y appli(cid:272)atio(cid:374)(cid:859)s (cid:271)et(cid:449)ee(cid:374) a judge/master/ or associate justice.
