Interim Orders
An interim order is an urgent order made by an Adjudicator of the Consumer, Trader and Tenancy Tribunal of New South Wales which is made in an attempt to restrain action by another party pending the determination of the substantive (or final) application between the same parties concerning the same issues. Common examples of interim orders include orders to restrain dangerous unauthorised works to common property and orders to carry out urgent repairs to lot and common property.
As stated above, an application for an interim order must be accompanied by either an existing substantive application already lodged with the Tribunal or a new substantive application concerning the same issues. However, the orders sought in an interim application must be different to the orders sought in a substantive application. If not, experience shows that the interim application will usually fail.
Although mediation is not a pre-requisite to lodging an interim application, it is for lodging a substantive application. Therefore, if a party proposes to lodge an interim application with a new substantive application, it is best practice to lodge a mediation application with the Tribunal at the same time as the interim and substantive applications.
An interim application is usually determined by an Adjudicator within 48 hours from the time the interim application is received by the Tribunal. Sometimes urgent action is required to be taken within hours or even minutes of receiving instructions. In these circumstances, we recommend faxing an urgent letter to the Tribunal enclosing a copy of the interim application to the Tribunal requesting that a file be opened for an Adjudicator forthwith, that the Adjudicator determine the interim application expeditiously and confirm that hard copies of the interim application, substantive application, mediation application and a cheque or money order for processing the applications have been sent in by express post.
An Adjudicator’s decision will be sent to all parties by fax or post and the decision continues in force for 3 months from the date of the orders.
If you believe that you may need to lodge an interim application, please contact our strata law specialist Michael Pobi urgently on (02) 8710 3430.
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