There are numerous things that you have to do before a trial commences. Interlocutory applications act to protect your legal rights and form an essential component of the judicial system. But what are they? How do they work? And what are the different types? Read on for what you need to know about interlocutory applications.

What are they?

Interlocutory applications are applications for the other party or the court to perform something before the trial. They require court approval and help ensure that a ‘fair trial’ occurs. Furthermore, they help ensure that parties do not act in an unconscionable manner and promotes the integrity of the judicial system. To apply for an interlocutory application, you will need to apply to the relevant court that you case is being heard in.

Moreover, interlocutory applications usually require the responding party to provide an affidavit to ensure they are providing accurate and truthful information. You may also be able to object to responding to them, depending on the nature of the application. Otherwise the application will be clear of what you need to do to respond to an interlocutory application.

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Types of Interlocutory Applications

There are many types of interlocutory applications, with the term referring to a broad range of court orders. Importantly, you will not need to utilise all these types in every trial that you encounter, and they may not apply to the state where proceedings are being heard. The following are the main types of interlocutory applications that you may encounter.

  • Particulars: These are requests to clarify any information in ‘pleading document’ that are relevant to the court proceedings.
  • Discovery: Discovery is the avenue for the parties to know which documents the other party has in their possession. A request of discovery only applies to documents that are not privileged or confidential.
  • Interrogatories: These are questions that you can require the other party to answer before the commencement of court proceedings. The questions must be ‘necessary’ and help to ensure a ‘fair trial’.
  • Discontinuance: These applications are a request to cease proceedings by the appellant or plaintiff.
  • Setting Aside a Default Judgment: This is an application to enable you to contest a case that has been addressed by a default judgment. Default judgments are when a party has failed to respond to a statement of claim.
  • Subpoenas: This application requires a party to produce specific documents or respond to questions in court.

Conclusion

Despite interlocutory applications being complicated, they form an essential role in protecting your legal rights when you go to trial. If you are unsure whether you need to make interlocutory application or how to respond to one, it is best to get in contact with a lawyer to assist you.

Need more information? Contact a LawPath consultant on 1800 529 728 to learn more about customising legal documents and obtaining a fixed-fee quote from Australia’s largest legal marketplace.

Lachlan Ward

Lachlan is an intern at LawPath as part of the content team. He is currently studying a Juris Doctor at the University of Sydney. Lachlan has a keen interest in corporate law and commercial litigation.