Interlocutory Orders

Whether you’re dealing with parenting arrangements, property disputes or urgent safety concerns, interlocutory orders can provide relief while the Court considers the broader case. An interlocutory order in family law is a temporary order made by a Court during the course of legal proceedings.

Family Law matters can be quite complex and they can take a while to resolve. This is normal but there may be elements of the case that are more urgent and require decisions to be made in the meantime. This is where the interlocutory orders are important. Unlike final orders, which bring closure to a case, these orders are intended to address immediate issues and maintain the status quo until a final decision is reached.

Interlocutory orders can cover a range of matters, such as:

1. Injunctions: These are orders that require a party to do or refrain from doing specific acts. For example, an injunction might prevent one party from selling or encumbering a property until a property settlement is finalised.
2. Preservation of Assets: Orders may be made to prevent the dissipation or dealing with assets that could affect the outcome of the case, such as a family home or financial accounts.
3. Parenting Arrangements: Temporary arrangements regarding the care and custody of children can be established to ensure their welfare during the proceedings.
4. Spousal Maintenance: Interim financial support may be ordered for a spouse until the final determination of the case.

The purpose of interlocutory orders is to prevent harm or prejudice to the parties involved and to ensure that the Court’s final decision can be effectively implemented. These orders are typically made when there is a serious issue to be tried and the balance of convenience favours granting the order.

Who can apply for interlocutory orders?

These orders can be sought by parties directly involved in the family law proceedings. This includes:

• Spouses, ex-spouses or de factor partners involved in the case;
• Legal representatives acting on behalf of their client; and
• Government agencies or third parties who have a vested interest such as child protection matters.

Any party applying for an interlocutory order must provide evidence to justify their request and show why the Court’s intervention is necessary.

How to apply for an interlocutory order in family law

Generally, to apply for an interlocutory order, the following steps apply:

1. Filing an interlocutory application: This involves submitting an application in a case to the court outlining the type of order sought and the reasons for the request.
2. Providing evidence: You will need to file an Affidavit together with the Application providing evidence to demonstrate the urgency or necessity of the order.
3. Notifying the other party: The other party involved in the case must be served with the application and given the opportunity to respond.
4. Attending a hearing: The court will hold a hearing to review the application, hear from both parties, and assess the evidence presented.
5. Court decision: Based on the hearing, the court will decide whether to grant the interlocutory order.

Courts carefully assess a range of factors before deciding to issue an interlocutory order, ensuring that the decision is both just and essential. One of the main factors is urgency – whether immediate action is needed to prevent harm or preserve the status quo until a final decision is made. In parenting cases, the main focus is the child’s best interests, with the court focusing on the child’s safety, welfare, and overall well-being.

Another key consideration is the risk of harm. If one party faces significant harm or unfairness without the order, this can greatly influence the court’s decision. The court also looks at the balance of convenience, weighing whether granting the order will do more good than harm to those involved.

It is highly recommended to seek legal advice if you are in a situation where you think an interlocutory order is necessary. Speak with one of our experienced Family Law Solicitors today to help guide you through the process and help you with your documents to ensure you have the best chance of success. Call our team of Sutherland Shire Family Law Solicitors including Riccarda Stock, Nicole Quirk, Shweta Kumar, Nikita Ward and Kirstin Attard, on 8525 2700 or click here to request an appointment.

Article by Shweta Kumar
Image created in Canva