25 September 2020
Family law – Interim orders and hearing
I am making an application for interim orders in the Federal Circuit Court. What is the prescribed form? Is it common practice to provide written submissions for an interim hearing?
Thank you for the question.
If proceedings are already on foot, complete an application in a case and an affidavit in support that succinctly sets out the relevant facts to be relied on.
If no proceedings are on foot, interim orders should be sought as part of an initiating application along with an affidavit in support and notice of risk.
Generally written submissions are not required at an interim hearing. The court will hear oral submissions from counsel as part of the interim hearing. Witnesses are not called to give oral evidence. If written submissions are required because of a particular technical or complex issue, then the court will make the relevant orders.
Refer to Federal Circuit Court practice direction No. 2 of 2017 Interim Family Law Proceedings (from 1 January 2018).
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