Outline of Case (Interim Hearing)

Understanding the Outline of Case for Interim Hearings

An Outline of Case is a structured summary document filed before an interim hearing that sets out your position, the orders you seek, and the evidence you rely upon. It is the court's roadmap to your case — designed to ensure the judge can quickly understand the key issues and make informed interim orders.

A concise written summary (typically 2–5 pages) that identifies the issues in dispute, the interim orders sought, the key facts relied upon, and references to your affidavit evidence. It is not an affidavit — it is a roadmap that helps the judge navigate your case efficiently.

Why interim hearings are different

Interim hearings are time-limited — often 30–60 minutes. The judge must make decisions quickly based on affidavit evidence (no live witnesses). Your Outline of Case is critical because it directs the judge to the most relevant parts of your evidence and frames the key questions for determination.

Common types of interim orders sought

Parenting matters:

• Interim parenting arrangements (time with children)
• Injunctions to prevent relocation
• Supervised time arrangements
• Orders for a family report

Property and financial matters:

• Injunctions to preserve assets
• Interim occupation of the family home
• Orders for financial disclosure
• Interim spousal maintenance

When the Outline Is Required

The court will direct you to file an Outline of Case before an interim hearing. This direction may come through court orders, a case management notice, or the Central Practice Direction itself.

Filing triggers

Court Direction: The court issues a direction at a case management event (procedural hearing, compliance hearing) requiring you to file an Outline of Case by a specified date before the interim hearing.

Practice Direction Requirement: Even without a specific court direction, the Central Practice Direction requires an Outline of Case for interim hearings. Self-represented litigants should file one proactively.

Urgent Applications: For urgent or ex parte applications, you may be required to file a brief outline setting out the urgency and the orders sought. The court may relax format requirements but still expects a written summary.

Typical filing deadlines

Deadlines vary by registry and the specific orders made, but common timeframes include:

Structure & Content Requirements

A well-structured Outline of Case for an interim hearing follows a logical flow. The judge needs to quickly understand what you want, why you need it now, and what evidence supports your position.

Recommended structure

A — Case Details & Parties: Court file number, party names, your role (Applicant/Respondent), and the date of the interim hearing. This is the header section.

B — Orders Sought: A clear, numbered list of the specific interim orders you are asking the court to make. Be precise — the judge should be able to make orders in the exact terms you request. Example: "That the children [first names] spend time with the Applicant each alternate weekend from Friday 4:00 PM to Sunday 6:00 PM, commencing [date]."

C — Issues in Dispute: Identify the specific issues the court needs to decide at this interim stage. Keep it focused — interim hearings address immediate needs, not every issue in the case. For parenting, this might be "what living and time arrangements should apply pending the final hearing."

D — Key Facts & Chronology: A brief factual summary of the relevant background, with cross-references to your affidavit evidence (e.g., "Affidavit of [Name] dated [date], paragraphs 15–23"). Focus only on facts relevant to the interim orders sought.

E — Legal Basis & Submissions: Why the court should make the orders you seek. For parenting matters, reference the best interests factors under Section 60CC. For property, reference the relevant preservation or maintenance provisions. You do not need case law citations — plain-language arguments are sufficient.

F — Urgency (if applicable): If the matter is urgent, explain why interim orders are needed now rather than at the final hearing. What harm will occur if the court does not act? Be specific and factual.

Step-by-Step Drafting Guide

Follow these steps to draft an effective Outline of Case. The goal is clarity — not length.

Step 1 — Start with your orders

Write out the exact orders you want the court to make. Be specific about names, dates, times, and conditions. Draft them as if the judge will simply copy and paste them into the court order.

Example orders (parenting):

1. That the child [first name, born DD/MM/YYYY] live with the Applicant.
2. That the child spend time with the Respondent each alternate weekend from Saturday 10:00 AM to Sunday 5:00 PM.
3. That changeover occur at [agreed public location].
4. That the Respondent not remove the child from the [City] metropolitan area without the written consent of the Applicant or order of the court.

Step 2 — Identify the issues

State the specific issues the court needs to determine at this interim stage. Frame them as questions: "Whether the children should live primarily with the Applicant pending the final hearing" or "Whether an injunction should be made to prevent the sale of [property address] before property matters are determined."

Step 3 — Summarise key facts

Provide a brief chronology of the most relevant facts. Cross-reference your affidavit evidence using specific paragraph numbers. The judge will read the affidavit — the outline just points them to the right paragraphs.

Step 4 — Make your submissions

Explain why the orders you seek are appropriate. For parenting matters, connect your facts to the best interests factors under Section 60CC. For property, explain why preservation or interim financial orders are necessary.

For parenting interim orders, address:

• The child's safety (Section 60CC(2)(a))
• The child's developmental and emotional needs (Section 60CC(2)(c))
• The status quo and need for stability during proceedings
• Any safety concerns (family violence, substance abuse, mental health)

Step 5 — Review and finalise

Read your outline from the judge's perspective. Can they understand within 5 minutes what you want and why? Have you referenced the specific paragraphs of your affidavit? Is every sentence directly relevant to the interim orders sought? Remove anything that belongs in the final hearing.

Referring to Evidence

Your Outline of Case is not evidence — it is a guide to your evidence. Every factual assertion should reference the relevant affidavit and paragraph number. This allows the judge to verify your claims.

Standard reference format

• Affidavit references: "Affidavit of [Name] dated [date], paragraph [X]" or "[Name] Aff, [date], at [X]"
• Annexure references: "Annexure [letter] to the Affidavit of [Name]"
• Multiple paragraphs: "Affidavit of [Name], paragraphs 12–18"

Evidence rules for interim hearings

Interim hearings are conducted on affidavit evidence — there are generally no live witnesses. This means:

• The court reads affidavits filed by both parties before the hearing
• You do not give oral evidence or call witnesses at an interim hearing
• You present oral submissions (arguments) based on the written evidence
• Where facts are contested, the court makes findings on the balance of probabilities

Filing & Service Requirements

Your Outline of Case must be both filed with the court and served on the other party. Getting the timing right ensures the judge and the other party have time to read it before the hearing.

Filing

• File through the Commonwealth Courts Portal or at the registry
• No filing fee for an Outline of Case
• File by the deadline set by the court (usually 3–7 days before hearing)
• Include all affidavits you rely on if not already filed

Service

• Serve on the other party (or their lawyer) at the same time as filing
• Email service is usually acceptable once proceedings are on foot
• Keep proof of service (sent email, registered post receipt)
• Bring extra copies to the hearing for the judge and the other party

Common Mistakes to Avoid

Content errors

• Too much detail — keep it concise and focused on interim issues
• Vague orders — "I want more time with my kids" is not an order the court can make
• Emotional language — stick to facts, not accusations
• No evidence references — every fact must point to an affidavit paragraph

Strategic errors

• Arguing the final case — interim hearings are about now, not everything
• Ignoring the status quo — courts are reluctant to make major changes at interim stage
• Not addressing the other party's case — anticipate and respond to their likely arguments
• Unrealistic orders — ask for what is reasonable, not everything you want

Frequently Asked Questions