Motions and Interim Applications
Motions and interim applications
This domain tests procedural motion practice, the evidence used on motions, urgent and ex parte relief, interlocutory injunctions, stays and security for costs. It rewards precision about notice, service and the legal test.
Core rules
- A motion is usually brought on notice with a notice of motion, affidavit evidence and a factum where required. The moving party bears the burden.
- Ex parte relief is available only where notice would defeat the purpose, and the applicant must make full and frank disclosure of all material facts.
- An interlocutory injunction requires a serious question to be tried, irreparable harm that cannot be compensated by damages, and a balance of convenience. The applicant usually gives an undertaking as to damages.
- A Mareva injunction freezes assets to prevent dissipation; an Anton Piller order permits preservation and inspection of evidence. Both are extraordinary and require strong evidence.
- A stay may be ordered pending appeal or to prevent abuse of process.
Worked example
An employer seeks to enforce a non-compete. The employee argues the clause is unenforceable. The court finds a serious question, but the employer cannot show irreparable harm because lost sales are calculable in damages. The injunction is refused, and the employer must proceed to trial.
Traps
- Seeking ex parte relief without full disclosure.
- Relying on argument rather than affidavit evidence.
- Failing to quantify or explain irreparable harm.
- Ignoring short motion deadlines or service requirements.