Other interlocutory applications

Apply for an interlocutory order

Interlocutory is a legal term for procedural issues that may arise and must be resolved before a case is heard.

Any party may file an application for an order or direction relating to a procedural issue. Examples include an application to join a party, application for stay or an application for security for costs.

The Employment Court Regulations 2000 prescribe forms for some interlocutory applications (application for leave Form 2A, application for stay Form 14, challenge to objection to disclosure Form 8 and application for verification order Form 9).

If you want to file an interlocutory application other than those listed you will need to use either Form 2A: application for leave or the High Court Rules Form G31: interlocutory application on notice.1 You will usually be required to file an affidavit in support

Oppose an interlocutory application

Oppose an interlocutory application by using the High Court Rules Form G33: notice of opposition within the time stated on the interlocutory application under the heading Notice to respondent.

File the notice of opposition and an affidavit in support with the registry and serve the documents on the other party or parties, as soon as practicable.

Find Form G33: Notice of opposition, template for an affidavit in support and the fee information on our forms and fees page.

Find out more about completing, filing and serving documents and professional help.

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Footnotes

  1. r 6 Employment Court Regulations 2000 (external link)

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