Meaning
Legal proceedings that require immediate court intervention to prevent the destruction of assets or evidence are often initiated without notifying the responding party. An ex parte application allows a moving party to obtain an emergency hearing and an interim order without the presence of the opponent. This procedure is heavily restricted to situations where giving notice would defeat the purpose of the application.
It represents a temporary departure from the adversarial principle to preserve the status quo.
Procedural Necessity
Urgency is the primary justification for seeking such orders. In an ex parte application, the applicant must demonstrate that any delay would cause irreparable harm or that the respondent would hide assets if warned. The court will dismiss the application if ordinary notice could have been given.
Candor Obligation
The applicant must present all material facts to the court, including those that damage their own case. Because the respondent is absent, the party filing an ex parte application must maintain the highest standards of honesty. Failure to disclose a material fact can result in the court immediately discharging the resulting order.
Interim Relief
Orders granted under this procedure are always temporary and subject to a rapid return hearing. An ex parte application typically leads to an injunction that lasts for a few days until a full inter partes hearing can be scheduled. This ensures the respondent has a swift opportunity to challenge the restriction.
