Ex parte application preparation (FCFCOA)
Ex parte applications are an exceptional remedy — the court expects full and frank disclosure. This checklist walks through the preparation steps.
This is a 12-step preparation checklist for an ex parte application in the FCFCOA. It covers urgency, full and frank disclosure, evidence and draft orders.
The checklist
Confirm urgency justifies ex parte
Ex parte is for cases where notice would defeat the purpose or cause immediate harm.
Draft the application
Draft an application setting out the orders sought and the basis for urgency.
Draft a detailed affidavit
An affidavit with specific, admissible evidence of the matters relied on.
Observe the duty of candour
Disclose all matters the other party would likely raise, including any weaknesses.
Propose interim orders with return date
Draft short interim orders with a return date within a short window (typically 1-3 days).
Consider an undertaking as to damages
Prepare an undertaking as to damages where interim injunctions are sought.
Identify the correct list
Identify the urgent list and listing process on the Commonwealth Courts Portal.
Prepare a short case outline
A short outline for the bench setting out the issues and orders sought.
Brief counsel if possible
Urgent ex parte applications benefit from counsel — brief as early as possible.
Prepare service plan
Plan for immediate service of the orders on the other party after they are made.
File on the Portal
File the application, affidavit and draft orders on the Commonwealth Courts Portal.
Attend before the duty registrar or judge
Attend urgently for hearing — be ready to go on when called.
When this checklist applies
Use this checklist when true urgency justifies proceeding without notice. Overuse of ex parte applications damages credibility.
Common pitfalls
- Failing the duty of full and frank disclosure
- No return date proposed
- Orders drafted too broadly
- Service plan not prepared
- Missing the chance to brief counsel
Run this checklist on a real matter
Quillio drafts ex parte applications, affidavits and short minutes in current FCFCOA format. See /practice-areas/family-lawyers.
This checklist is a general guide. Adapt for recovery orders, relocation and asset freezing orders.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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