Exam (elaborations)
INTERIM APPLICATIONS TEST LATEST UPDATED
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INTERIM APPLICATIONS TEST LATESTUPDATED
What is an interim application? - ANSWER Application made to the court
that requires a judicial decision.
What is the common characteristics of interim applications? - ANSWER
The parties are asking the Court to make a key decision.
What is the overriding objective in considering the interim application? -
ANSWER The Party making the application must show that the
application is just, fair and proportionate.
Generally, when should an interim application be served and filed at
court? (To give notice to the other party) - ANSWER 3 days before the
hearing, not including the day of the hearing
What are some examples of interim orders? - ANSWER 1. Setting Aside
Default Judgement
2. Injunction (can be interim or final)
3. Summary Judgement
4. Application for Interim Payment
Setting Aside Default Judgement is - ANSWER When a Defendant fails
to acknowledge service or files a defence a time
Who files a 'Setting Aside Default Judgement' and when? - ANSWER If
the claimant has already made an application for default judgment, the
defendant can apply to set aside the judgment
A Summary Judgement is filed by... - ANSWER Claimant or Defendant
A Summary Judgement is filed at what time? - ANSWER Any time
A Summary Judgement asks the court too... - ANSWER Enter a
judgement without proceeding with the trial
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