A party in a civil case can apply for an interlocutory order to help with the procedure and preparation of their case.
The application for an interlocutory order can be made after a claim is filed but before the final court order in the proceedings.
What you need
- A completed Form 12 Affidavit with your grounds
- A completed Form 79 Draft Order
- You will need to know:
- The Act, section or other provision under which you are bringing the application
- If your application is:
- ex parte
- By consent
- Neither by consent or ex parte
There are no fees for applying for an interlocutory order judgment.
How to lodge an interlocutory application
- Log in to CourtSA
- If you do not already have access to your case in CourtSA, you should first Request access to the case
- Once you have access to the case, or if you already have it, go to My Cases
- Find the case you wish to lodge an Interlocutory Application for and click "View Case"
- Click "Actions", select "Request or Add a ..." and select "Interlocutory Application"
- Complete the CourtSA Interlocutory Application form
- Upload your prescribed Form 12 Affidavit of Facts
- Lodge the CourtSA Interlocutory Application form
What happens next
You will receive an email from CourtSA letting you know that your interlocutory application has been received for review by the Court.
If you have identified your interlocutory application is urgent it will be dealt with urgently.
If it is accepted for filing:
CourtSA will generate a sealed Form 77 Interlocutory Application using the information you provided.
You will receive a notification to let you know that the Court will either:
- Make a decision in chambers and you will receive a copy of the outcome, or
- List your application for a hearing and you will receive a sealed copy of your application noting the time and date of your hearing.
If it is rejected
You will receive a notification to let you know why your interlocutory application was rejected.
If your application is ex parte:
The hearing and the record of outcome will not be visible on CourtSA. You will be emailed documentation by Court Services.