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

Top 10 Cities to Start a Business in QLD (FY26)

top 10 cities to start a business in QLD in FY26

How Do I Appoint a Power of Attorney? (2026 Update)

You can appoint a Power of Attorney (PoA) by completing a form, signing it and having it witnessed. Find out more here.

Employee Bonus Payments: What Taxes Apply?

There are several taxes that could apply to employee bonus payments. Find out what they are.

Do You Need an ABN to Sell Online? (2026 Update)

Are you starting an online business and are wondering if you need an Australian Business Number(ABN)? Read this article to find out.

Do I Need to Display My ABN on My Business’s Website?

Businesses need to display certain details on their websites. Find out if you're legally required to display your ABN in this article.

Consultant and Contractor – What’s The Difference?

Discover the difference between a consultant and contractor. How can they help your business?