Is leave of court necessary for an interim application to be heard on short notice?

In family law practice, when seeking to have an interim application heard on short notice, it generally requires leave of court. This is due to the need to ensure that the principles of natural justice are upheld, particularly the opportunity for the other party to be heard, which can be compromised when applications are expedited without prior notice. The court needs to assess whether the matter is indeed urgent and warrants a deviation from the standard notice period, which is typically required to allow the opposing party adequate time to prepare and respond.

The requirement for leave demonstrates that the court is tasked with balancing the need for expediency in certain urgent situations against the rights of all parties involved to have a fair opportunity to present their case. Thus, any decision to hear an application on short notice must be sanctioned by the court, emphasizing the importance of judicial oversight in maintaining fairness and procedural integrity within the legal system.