The court in Queensland has adopted the following process
for the listing of applications for interlocutory relief.
Where injunctive relief is sought, the party seeking
the injunction is required to satisfy the court at
the time of filing of the application that undertakings have
been requested from the party against whom the injunction
is sought and that none have been forthcoming. If no
undertakings have been sought, a satisfactory explanation
as to why they have not been sought should be provided.
An application for interlocutory relief must generally
be accompanied by an "information sheet" which
is available from the registry. If an urgent hearing
is required, a letter which outlines the circumstances
of urgency must also be provided to the court.
The party lodging the documents must pay the filing
fee before the documents will be accepted. The Federal
Court of Australia Regulations 2004 set out circumstances
in which a fee is not payable.
The party lodging the documents will be given a receipt
for the documents. The application for interlocutory
relief and any accompanying material will then be referred
to the docket judge for allocation of a hearing date.
Registry staff will contact the person whose name appears
on the receipt regarding collection of service copies
of the documents as soon as they are available.
When service copies of the notice of motion are returned,
they will be accompanied by a letter that contains directions
made in respect of the hearing of the application for
interlocutory relief.
