What is a key requirement from the court before making orders in urgent cases?

In urgent cases, a key requirement from the court is for the party seeking the orders to provide an undertaking to commence proceedings within a specified time. This requirement is important as it serves to ensure that the court’s intervention is justified and that the matter will be pursued in a timely manner. The undertaking not only demonstrates the applicant's commitment to pursuing their claim but also provides the court with assurance that the urgency is legitimate and that the case will be formally addressed soon after the urgent orders are sought.

In the context of civil practice and procedure in New South Wales, this undertaking helps the court manage its time and resources effectively, ensuring that urgent matters are dealt with while still maintaining a framework within which to operate. The requirement also serves to protect the rights of the respondent and ensures that there is a mechanism through which the case can subsequently be heard fully and fairly.

On the other hand, gathering extensive evidence may not be feasible in urgent cases where time is of the essence, and submitting a brief notice of intention may not convey the necessary commitment to commence proceedings, thereby falling short of what the court requires in urgent situations. Additionally, having the respondent present at the hearing is not a precondition for granting urgent orders; it might be impractical depending on the circumstances