Interim orders
An ‘interim order’ is an urgent order made by an Adjudicator without the need for mediation.
Applications for an interim order are usually made in an attempt to stop some action by another party, or where damage to person or property is involved. For example, the applicant may seek interim orders to stop a demolition or to carry out urgent repairs.
| An application for an interim order must be accompanied by a substantive application, or relate to a substantive application already received by the CTTT. |
Applying for an interim order
The following interim orders can be made by an Adjudicator:
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An order that could otherwise be made by an Adjudicator or Tribunal Member
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Renewal of an interim order previously issued by an Adjudicator (time limits apply).
Applications for an interim order must be accompanied by either a new substantive application or have a current substantive application already lodged with the CTTT. The substantive application will usually concern the same issues.
Although mediation is not a necessary requirement before lodging an application for an interim order, it is necessary for the substantive application. You may lodge a mediation application at the same time as lodging the interim order application.
A fee for the interim order application must be paid in addition to the fee for the substantive application. View the current fees and charges.
Adjudicator's decision
An interim order application is generally determined within 48 hours from the time the application received by the CTTT. To make an interim order, the Adjudicator must be satisfied on reasonable grounds that urgent considerations justify the making of the order.
When the Adjudicator has made their decision, a copy of the Adjudicator's orders are sent by post or facsimile to all parties.
An interim order continues in force generally for 3 months from the date of the orders. The Adjudicator or Tribunal Member may extend the period in certain circumstances. The interim order may be revoked by the Adjudicator or, by a Tribunal Member on appeal.
What happens to the substantive application?
Once the application for an interim order has been determined, the substantive application will be processed in the usual way. That is, submissions are called from any interested parties and then the Adjudicator will make and decision on the papers. Learn more about Adjudication.
Orders
The following interim orders can be made under the Strata Schemes Management Act 1996 and Community Land Management Act 1989.
Strata Schemes Management Act 1996
Section |
Order |
Who can apply |
Information or documents required |
| 70 | Adjudicator to make interim order | Any applicant eligible to apply for Adjudicator's orders | Copy of Strata or Community Plan and minutes of relevant meetings |
Community Land Management Act 1989
Section |
Order |
Who can apply |
Information or documents required |
| 72 | Adjudicator to make interim order | Any applicant eligible to apply for Adjudicator's orders | Copy of Strata or Community Plan and minutes of relevant meetings |