Application in a case
An Application in a Case is used when there has already been a application to the Court, and you are requesting the Court to do something relating to your case. For example, when you are:
- requesting procedural orders
- requesting ancillary or incidental orders such as an injunction
- requesting interim orders once a case is underway
- making certain applications, for example, a recovery order application, or
- requesting the review of a decision by a judicial registrar, registrar or deputy registrar.
To make an Application in a Case, you need to file an:
- Application in a Case (Form 2)
- affidavit with evidence supporting your application (unless you are requesting the review of a decision).
Filing the application
Once you have completed the documents and had the affidavits witnessed, you can eLodge them on the eCourts Portal of Western Australia.
After you have eLodged the application, you need to serve it on the other party.
Filing fee
The filing fee for an application in a case depends on the orders you are requesting. For example, there is no fee for requesting recovery orders, but there is a fee for requesting interim orders in a parenting or property and financial case. See the fees page for more information.
Serving the Application in a Case
You need to serve the application on each party to the case (each other applicant, each respondent, and any independent children's lawyer that has been appointed).
The response needs to be served at least 7 days before the date set for the next court event.
Next steps
After you have filed the Application in a Case, the other party can respond.
The Response to Application in a Case (Form 2A) is used to respond, and it can oppose the orders sought in the Application in a Case, or ask the Court to make other orders.
Last updated: 22-Dec-2021
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