ex parte application

An ex parte application is made, supported by an affidavit.

The rules for advance disclosure do not, of course, apply to ex parte applications.

But there are occasionally cases where an ex parte application needs to be made, and I stress occasionally.

Danger which is not imminent is dealt with by an ex parte application to the court, under section 5200.

In my judgment, the Act cannot be read as being constrained by the Rules to preclude an ex parte application.

Certain ex parte applications are required to be made by affidavit, in which case the affidavit itself suffices as the application.

Where the court refuses to make an order on an ex parte application it may direct that the application be made inter partes.

The KGPLA was granted leave to move an ex parte application.

In refusing the initial ex parte application, the CRTC stated:

The appellant close corporation had, without notice, brought an urgent ex parte application seeking a rule nisi with interim effect against the first and second respondents.

A party who files an ex parte application must file a declaration showing compliance with these requirements, and no relief may be granted absent such declaration.

If a right was denied without good cause, a patient can instruct his or her appointed public defender to file an Ex Parte application with the court to restore the right.

Finally, the ex parte application was untimely because Gagnon did not submit it until after the motion for summary judgment was fully briefed by both parties, and the district court declared the case submitted.

'The difficulty is that this is an ex parte application and I can grant ex parte relief for prohibited steps and specific issues but cannot ex parte make residence orders.

In addition to the notice requirements, an ex parte application must contain an affirmative actual showing in a declaration based on personal knowledge of "irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte."

The Syariah Lawyers Association criticised the Federal Territory Islamic Religious Council for the original case, stating that it was improper for them to have filed an ex parte application at the Syariah High Court on the matter.

Ex parte Optimal Property Solutions confirms the procedure for an ex parte application, while the Removal of Restrictions Act, for example, contains procedures whereby certain restrictions and obligations in respect of land, including restrictive conditions, may be altered, suspended or removed.

Goulding J. made it clear that he was not expressing, on an ex parte application, any decided view of the jurisdictional issue, though he accepted that where orders in personam were concerned it was enough that the court should have the party who must obey its order within its power.

I consider this is the equivalent of a residence order through the back door, and do not think it appropriate to make that order when Parliament has specifically denied the right to grant ex parte applications for residence orders: see also the provisions of section 9(5) of the Children Act 1989.

Coetzee J found that "urgency" in respect of urgent applications, which are not ex parte applications under Rule of Court 6(4), involves, mainly, the abridgement of times prescribed by the Rules, and, secondly, the departure from established filing and sitting times of the court.

The father came before the judge on an ex parte application designed to return the boy, A., to the family, to protect the other three children and to preserve the status quo pending a decision by the judge as to where the children should live by making the appropriate applications for a residence order and so on.

Gagnon also filed an ex parte application requesting a continuance to obtain the backup tapes of AMS's computers because they might contain email evidence establishing AMS's allegedly unlawful solicitation of Gagnon's employees, and would help establish the location of the source code at all relevant times.

In this case, as in all other ex parte applications, it is not to be taken that an ex parte application for the return of a child, or an ex parte application for an interim residence order, will be granted easily.

The prisoner's ex parte application sought only an order requiring the person holding the prisoner to appear before the court to justify the prisoner's detention; no order requiring the freeing of a prisoner could be given until after the jailer was given the opportunity to contest the prisoner's claims at a hearing on the merits.