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Section 17:
Interlocutory applications and summary assessment of costs
Proposal 30
The rules should pursue the objective of reducing the need for interlocutory applications by
adopting one or more of the following strategies, namely :-
Encouraging the parties to cooperate with each other and to agree procedural
arrangements (subject to the court's residual jurisdiction to set aside or vary those
arrangements).
Authorising the court, in appropriate cases, to act on its own initiative in giving
procedural directions, without hearing any party before so acting (subject to affected
persons thereafter having a right to apply for orders so made to be set aside or varied).
Making orders which specify the automatic consequences of non-compliance and
placing the onus on the party guilty of non-compliance to seek relief from those
consequences, such relief to be granted at the court's discretion.
Respondents to the consultation generally agreed that the need for interlocutory
applications should be minimised and measures taken to discourage unnecessary
applications.
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