Explained: Interlocutory Application vs. Intervention Application

An interlocutory application is a request made to a court to make an order in relation to a matter that is pending before the court. An intervention application is a request made to a court to join a person or entity as a party to a matter that is pending before the court.
Interlocutory Applications
An interlocutory application is a request made to a court to make an order in relation to a matter that is pending before the court. Interlocutory applications can be made at any time during the proceedings, and they can be made by any party to the proceedings.
There are many different types of interlocutory applications, and they can be made for a variety of reasons. Some of the most common types of interlocutory applications include:
- Applications for interim relief: These applications are made to request an order from the court that will have effect until the final determination of the matter. For example, an application for interim relief might be made to request an order that a party be restrained from doing something, or that a party be required to do something.
- Applications for discovery: These applications are made to request an order from the court that a party be required to produce documents or other materials for inspection by the other party. Discovery is a process that is used to gather evidence in a case.
- Applications for joinder of parties: These applications are made to request an order from the court that a person or entity be joined as a party to the proceedings. This might be done because the person or entity has an interest in the outcome of the proceedings.
- Applications for security for costs: These applications are made to request an order from the court that a party be required to provide security for costs. This is a type of insurance that is used to protect the other party from the costs of the proceedings if they are unsuccessful.
Interlocutory applications are usually made in writing, and they must be served on the other parties to the proceedings. The court will then hold a hearing on the application, and it will make an order based on the evidence and the arguments presented by the parties.
Intervention Applications
An intervention application is a request made to a court to join a person or entity as a party to a matter that is pending before the court. Intervention applications can be made by any person or entity who has an interest in the outcome of the proceedings.
There are a number of reasons why a person or entity might want to intervene in a matter. For example, they might want to intervene because they have a legal interest in the outcome of the proceedings, or because they want to protect their rights.
Intervention applications are usually made in writing, and they must be served on the other parties to the proceedings. The court will then hold a hearing on the application, and it will make an order based on the evidence and the arguments presented by the parties.
Key Differences
The key difference between an interlocutory application and an intervention application is that an interlocutory application is made to request an order from the court in relation to a matter that is pending before the court, while an intervention application is made to request an order from the court to join a person or entity as a party to a matter that is pending before the court.
In other words, an interlocutory application is made to ask the court to do something about a matter that is already before the court, while an intervention application is made to ask the court to add a new party to a matter that is already before the court.