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Interim v Final Orders


Contact Armstrong Legal:
Sydney: (02) 9261 4555
Melbourne: (03) 9620 2777
Brisbane: (07) 3229 4448
Canberra: (02) 6288 1100

Michelle McDermott

Filing an Interim Application allows the Court to use its power to make orders on an interim basis (or pending further order) without having to wait until the time that the Court would be ready to conduct a Final Hearing of a case.

Interim hearings are conducted as short hearings and there are restrictions imposed upon them. For example, it is the usual procedure of the Court that interim hearings are conducted only “on the papers” in the sense that there is no need for having witnesses give evidence in the witness box, the case will be heard on the basis of the Judge reading all the paper work and hearing submissions from the legal representatives before determining the case.

Interim hearings are often listed before a Judge in what is called a “duty list”, or a “directions hearing”.

This means that there will be numerous matters in the list before the Judge, some of which will be heard on the day, some of which may settle by agreement and others which will not be reached on that day and will have to come back to Court another day.

There are some reasons why a case may not proceed to be heard on the first date it is listed for an interim hearing. These include if a Judge believes that they should first be counselled, the appointment of a children’s representative, the opportunity to issue subpoenas or obtain further evidence from experts.

For reasons such as these, it is not guaranteed that a case will be heard on the first listed date in an interim hearing.

Interim hearings in parenting matters allow the Court to make orders in the children’s best interests and pending a final hearing when the Court will have the benefit of cross examination of both parties and any witnesses and potentially the consideration of expert evidence.

On that basis, the parenting arrangements will be in place for an interim period only.



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Contact Armstrong Legal:
Sydney: (02) 9261 4555
Melbourne: (03) 9620 2777
Brisbane: (07) 3229 4448
Canberra: (02) 6288 1100

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