What must be demonstrated for an interlocutory order to be granted?

Study for the New South Wales Civil Practice and Procedure Test. Engage with multiple choice questions, comprehensive explanations, and helpful insights. Ace your exam with confidence!

For an interlocutory order to be granted, it is essential to demonstrate a real risk that the asset will be dissipated. This requirement ensures that the court intervenes only when there is a genuine concern that a party may take actions that could diminish or eliminate the value of an asset before the final resolution of the case.

In the context of civil practice, interlocutory orders are temporary measures made before the conclusion of a case, intended to preserve the status quo or prevent harm that could occur if immediate action is not taken. Thus, establishing a real risk of asset dissipation demonstrates the seriousness of the situation and justifies the court’s intervention.

The other options do not accurately reflect what is needed for granting an interlocutory order. For instance, merely showing a trivial risk or having no interest in the asset does not justify the urgency required for such an order. Additionally, proof of intention to commit fraud is not a standard requirement for every interlocutory order; rather, the focus is on the risk of harm or asset loss that necessitates immediate court action.

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