Interlocutory application (Rule 525(1)(a)) (Form 41)

Part 21 of the Supreme Court Rules 2000 (Tas) says that, subject to special provisions, any application to the Court in a pending proceeding is made by interlocutory application to a judge in chambers (r 524). Rule 525(1) requires the application to be in the prescribed form, entitled in the proceeding, and lodged at the registry with as many copies as the applicant needs; if it is in order, the registry files it and returns sealed copies (r 525(2)). Form 41 is the prescribed form. It sets out the orders sought and carries a notice of hearing showing where and when it will be heard. Older references to motions and summonses are read as applications under this Part (r 527).

When you need it

• You want an order in an existing Supreme Court proceeding, such as directions, extension of time, further particulars, discovery, security for costs or summary orders.
• You need an urgent interim order, such as an injunction or freezing order (a specific filing fee applies to those).
• The parties do not all consent. Consent orders can instead be sought by memorandum to the registrar (r 528).
• Applications are not made without notice to the other side except where the rules allow, or where delay risks irreparable or serious harm (r 530).

1. 1

   Copy the heading

   Use the registry, proceeding number and party names from the originating process, describing the applicant and respondent to the application.

2. 2

   Identify the applicant

   State which party is making the application.

3. 3

   Set out the orders sought

   List each order, or each question to be determined, in numbered paragraphs. Be precise; the court can only make orders the other side has notice of.

4. 4

   Sign

   The applicant or the applicant's practitioner signs.

5. 5

   Notice of hearing

   The place, date and time of hearing, and whether before a judge, the Associate Judge or the Full Court, are endorsed on the application (r 526(1)). The filing date and Registrar's signature are completed on filing.

6. 6

   Lodged by and served on

   Complete who lodged it, who it is addressed to (the respondent's practitioner or the respondent in person) and the footer details.

• Lodge it at the registry where the proceeding is running, with copies for sealing, in person, by post or by approved email lodgment (rr 83, 87A, 525).
• Serve it at least 2 clear days before the hearing date, unless the Court orders otherwise. An application for time only can be served the day before (r 529).
• If you intend to call oral evidence, serve notice of that with the application (r 534).
• At least 2 clear days before the hearing, deliver to the registrar one certified set of papers with the application and every document you will refer to, unless the registrar directs otherwise (r 535).
• The filing fees schedule lists a fee for an interlocutory application for injunctive relief or a freezing order. Check the current filing fees page before lodging.

• File the supporting affidavit with the application so it can be served at the same time.
• An application for time operates as a stay of proceedings from 9 am on the hearing date endorsed on it (r 529(3)).
• If you do not attend, the judge may proceed in your absence on proof of service (r 537).
• Hearings may take place by telephone, video link or other means (r 526(3)).