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Other civil applications

A party in a civil matter can apply for a court order to help with the procedure and preparation of their case. The application – called an interlocutory application –  can be made after a complaint is filed, but before the final hearing.

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An application for an interlocutory order does not decide any of the facts or issues in dispute. It is an application to help with the procedure of the matter.

Interlocutory orders can be made to require a party to follow the court's directions, extend the validity of a complaint or file documents outside of the usual time limits.

Court can be a complex and costly process and you should seek legal advice before applying for an interlocutory order. There are many different types of interlocutory orders, some which only a lawyer would know. The steps below provide general information about the application process. It does not cover all scenarios nor constitute legal advice.

STEP 1: Complete the forms

Fill in an interlocutory summons - Form 46A and affidavit in support of application.

The must be sworn and signed in the presence of an authorised person before it is filed with the Magistrates’ Court. See the witnessing documents page for more information.

It is a criminal offence to provide false or incorrect information in an affidavit. You should seek legal advice if you have any questions about the process.

STEP 2: File the forms and pay the court fee

File the original and two copies of the completed interlocutory and affidavit in support of application with the Magistrates’ Court where the complaint was made. The original copies will remain with the court, one copy is for your records and the other copy is to be served on the other party.

You must also file a copy of the pleadings which may include:

The forms can be filed in person or by post. A filing fee is also payable upon lodgement.

If the application is issued, the court will return copies of the forms with the hearing date and location.

STEP 3: court documents

There are legal rules about the way in which you must give documents to the other party. This is called ‘service’. Information about service can be found on the service of court documents page.  You should seek legal advice when completing this part of the process.

You should serve a copy of the interlocutory summons and affidavit in support of application on the other party by no later than 2pm on the day before the hearing.

The person who served the documents must complete an affidavit of service - Form 6A. This provides information to the court about how and when the documents were served.

The affidavit must be sworn and signed in the presence of an authorised person before it is filed with the Magistrates’ Court. See the witnessing documents page for more information.

If documents are not served correctly, it may cause delays.

What happens next?

It is important to go to court on the hearing date. If you don’t, the application may be dismissed - struck out and costs awarded against you.  
You should plan to be at court all day. See the party in a civil matter page for more information.

The hearing will only deal with the matters raised in the interlocutory application. The full details of the matter will not be considered by the at this stage of the process.

Checklist

  1. Complete an:
  2. File with the Magistrates’ Court:
    • the original and two copies of the completed interlocutory summons
    • the original and two copies of the completed affidavit in support of application 
    • a copy of the complaint – Form 5A
    • a copy of the notice of defence – Form 8A, if applicable. 

    A filing fee is payable upon the lodgement of the forms

  3. If the application is granted, serve the other party with a copy of the:
    • interlocutory summons
    • affidavit in support of application
    • court order.
  4. Complete an affidavit of service, sign in the presence of an authorised person and file with the Magistrates’ Court.
Last updated on 13 Nov 2018
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