What is interim hearing?

An interim hearing is where a Judge or Senior Judicial Registrar makes decisions on an interim basis for issues within a matter where the parties cannot agree on arrangements themselves. They usually come about because interim orders are sought in the initiating application or response or by a party filing an Application in a Proceeding.

Prior to the hearing, each party must submit a Case Outline and a Minute of the proposed Orders. They may also be ordered to file a consolidated affidavit which is all of their evidence in one place.

During this court event, the Judge or Senior Judicial Registrar will hear verbal submissions for interim issues as well as consider each party’s filed material. The material which can be considered by the court includes affidavits of the applicant, respondent or any witnesses, documents annexed to the affidavits, subpoenaed documents and/or financial statements of each party.

Following the identification of all relevant written or oral evidence, submissions will be made by each party where the applicant and respondent will argue to the court why they should grant the orders that they are proposing. The Judge or Senior Judicial Registrar will make a decision and enforce orders at the time of the interim hearing or at a later date. Interim Orders (orders made during an interim hearing) are in effect until the matter is resolved on a final basis or a further court event such as mediation or another Application is filed.