What are Interlocutory Applications?

Table of Contents

Share at:

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.

Find your perfect lawyer now

Get a fixed-fee quote from Australia’s largest legal marketplace

Find a Lawyer

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.

Share at:

Simplify creating legal documents today

Browse through Lawpath's AI tools which can be used to draft, review and refine legal documents today!

Related Articles

Should You Use A Mutual or One-Way NDA? (2026 Update)

As a business owner, it's important to protect your confidential information in every context. Find out the difference between one way and mutual NDAs here.

Do I Need to Pay to Keep a Company Active?

When you register a company, you have to ensure that all your details are up to date and pay a fee to keep your company active. Read more here.

Resigning During Probation: How Much Notice? (2026 Update)

Resigning during probation in Australia? Find out your legal notice period obligations for full-time, part-time, and casual employees to avoid pay issues.

Is It Legal To Film In Public Places?

Filming in public places might seem perfectly legal, but there are circumstances where this could get you into trouble. Find out more here.

Legal and Accounting Topics covered in Advice Plans

As the financial year wraps up, it’s the perfect opportunity to step out of the day-to-day grind and set your business up for future success.

Key Differences Between a Deed and a Contract

Deeds and contracts are both legally binding documents, but they are not the same. Find out how they're different in this article.