Sample interim property orders
Note – Interim orders – to apply until the final hearing – may be sought in a marital or de facto claim by an applicant in their Initiating Application (or, for later applications, Application in a Case) or by a respondent in their Response to Initiating Application (or Response to Application in a Case).
Precedents for routine interim property orders are set out below, for you to select the ones you need.
For any interim child orders, simply add them at the beginning or end of your financial orders sought.
Also note – The chapter “other routine procedures” contains guidelines and precedents for the following:
· Consent orders in general
· Subpoenas to produce documents
· Order for discovery of documents by respondent
· Request to answer specific answers under oath
· Offers to settle (Family Court)
· Order for payment of interim costs and outlays
· Interim or procedural order without notice
· Notice of Appeal
Note – For the next two consent orders, download minutes of consent orders (and their cover sheets) from our website under “consent orders” for chapter “other routine procedures” and then enter the clause you need into the minutes.
(Consent order for payment to each party towards interim costs)
1. That the sum of $20,000 be advanced to each party towards their costs or expenses, which will be brought into account by the Court as a partial property settlement upon the final resolution of these proceedings.
(Consent order for a partial property settlement for a party)
2. That the sum of $400,000 be advanced to the [Respondent/Applicant] to [enable/assist in] the purchase of a new home prior to the final hearing.
3. That such payment will be brought into account by the Court as a partial property settlement upon the final resolution of these proceedings.
Note – For these next orders, download and attach them [headed “Interim orders sought”] as an attachment to your Application or Response, inserting “See attachment” under the form’s section for “interim orders sought”.
(Interim injunction against disposal of assets)
4. That the [Respondent/Applicant] [full name] be and is hereby restrained from selling, encumbering or disposing of the interest of the parties or either of them in the following assets:
(a) [Specify each asset in respect of which there is alleged to be a risk of disposal]
5. That the Respondent pay the Applicant’s taxed costs of and incidental to this application.
(Inspection or seizure of documents or other property)
6. That the Respondent be and is hereby required to permit the Applicant, alone or with another person, to enter the Respondent’s premises and inspect or seize documents or other property.
7. That this order be made without notice to the Respondent.
8. That the Applicant cause the Respondent to be served with a copy of this order upon its execution.
(Leave to proceed out of time)
9. That leave be and is hereby granted to the Applicant under Section 44(3) [or, for de facto claims, Section 44(6)] of the Family Law Act to institute proceedings against the Respondent for orders under Section 79 [or, in a de facto case, Section 90SM] [and, if spousal maintenance is also being sought, add 'and Section 72' or for de facto maintenance, 'and Section 90SF'] of the Act within 14 days after the date of this order.
10. That the Respondent file and serve a Response to the Initiating Application for final property [and maintenance] orders, an affidavit in support and a Financial Statement within 14 days.
11. That the proceedings be adjourned for mention on [date and time].
(Disputing applicant’s right to de facto orders)
12. [date] A declaration under section 90RD: [date]
(a) that a de facto relationship never existed between the parties or, in the alternative, if a de facto relationship is found to have existed, that the period or the total of the periods of such relationship was less than two years as required by section 90SB(a) [OR that the relationship broke down before the commencement of Part VIIIAB of the Family Law Act 1975.]
(b) that the child [full name] is not a child of a de facto relationship between the parties under section 90SB(b). (Add paternity testing orders, see under “precedents” in Chapter 4.)
(c) that the Applicant did not make substantial contributions under section 90SM(4)(a), (b) or (c) or, in the alternative, if such contributions are found to have been made, that a failure to make the order sought by the Applicant would not result in serious injustice to the Applicant within the meaning of section 90SB(c).
(d) that the parties were not ordinarily resident in a participating jurisdiction when their relationship broke down as required by section 90SK(1A). [OR]
(e) that neither party was ordinarily resident in a participating jurisdiction when the application was made nor were the parties ordinarily resident there for at least a third of the de facto relationship at the application time as required by section 90SK(1). [OR]
(f) that neither party was ordinarily resident in a participating jurisdiction when the application was made nor did the Applicant make substantial contributions there under section 90SM(4)(a), (b) or (c) at the application time as required by section 90SK(1).
13. That the Applicant’s application filed [date] be dismissed.
14. [Specify any other interim order your client seeks]
15. That the Applicant pay the Respondent’s taxed costs of and incidental to the application.