URGENT HIGH COURT APPLICATIONS
NEED TO FILE AN URGENT HIGH COURT APPLICATION?
An applicant who requests an urgent application essentially requests the court to accept the non-compliance with the rules of the court. The court is required to give preference to prevent prejudice to the Applicant.
Before the court considers the merits of the Applicant’s case, it will make a ruling on whether the application is indeed urgent. As with all family matters, the best interest of the minor children is paramount at all times. The court will, in all probability, entertain an application on an urgent basis if a minor child’s welfare or safety is at stake.
The best possible way to deal with a case where you urgently require relief is to contact our experienced family law attorneys who will handle an urgent high court application expertly, efficiently and with the necessary experience.
REQUIREMENTS FOR A URGENT APPLICATION IN HIGH COURT
The onus for the justification of the urgency of an application falls on the Applicant. It is of utmost importance that the application adheres to the requirements established in the court’s practice directives and the Rules of the Court.
If the facts and circumstances set out in the Applicant’s affidavits for his/her urgent application do not:
- constitute sufficient urgency for the application to be brought as an urgent application; and/or;
- justify the abrogation or curtailment of the time periods referred to in Rule 6(5); and/or
- justify the failure to serve the application as required in Rule 4, the Court will decline to grant an order for the enrolment of the application as an urgent application and/or for the dispensing of the forms and services provided for in the rule. Save for a possible adverse costs order against the applicant the Court will make no order on the application.