General procedure

Question 1

what documents should be filed when making an application?

Answer 1

standard practice to file:
o Application notice
o Supporting evidence
o Draft order
o Court fee

Question 2

when should the application be made?

Answer 2

as soon as necessary / desirable to make it

Question 3

what should be included in the application?

Answer 3

o Must state what order is sought + why
o Should include evidence they intend to rely on

Question 4

when must the application be served?

Answer 4

o As soon as practicable after it is filed; and
o At least 3 days before the hearing

Question 5

when will the court deal with an application without a hearing?

Answer 5

The court may deal with the application without a hearing if:
o Parties agree with the order
o Parties agree to dispense with a hearing
o The court does not consider it would be appropriate

Question 6

what is an ex parte application?

Answer 6

a without notice application i.e. the application is not served before the hearing.

Question 7

when can an application be made without notice?

Answer 7

An application may be made without notice only:
o Where there is exceptional urgency
o The overriding objective is furthered by doing so
o Consent of all parties
o With permission of the court

Question 8

what duty applies when an ex parte application is made? explain the duty

Answer 8

Duty of full and frank disclosure applies to without notice applications

= informing the court of all facts material to the application inc. points the other party would be likely to make

Question 9

if an ex parte application is granted, what must happen?

Answer 9

o the order must include a statement of right to make an application to set aside or vary (this must be made within 7 day of service)
o the order must be served (+ any evidence) on parties