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Without Notice Applications - best practice 2025

Published: 29-09-2025 Authors: His Honour Judge Tim Black, Paolo Timajo Pages: 16
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This book is only available in PDF format

Authors: His Honour Judge Tim Black, Paolo Timajo 
Published: 29 September 2025
Pages: 16

Introduction

Preparing effective without notice (WON) applications is an important skill which benefits from continuous improvement. This session will discuss when a WON is appropriate and how to craft effective and concise evidence. We will share common pitfalls and how to avoid them.

The number of WON applications filed in the Family Court has slowly trended upwards to sit at just under 400 per week on the National eDuty platform where applications are dealt with by the rostered judges. For the period 1 July 2024 to 14 September 2025, 28% of applications filed in the Family Court were filed without notice. Nearly all without notice applications in the Family Court are matters filed under the Care of Children Act, Family Violence Act and Oranga Tamariki Act. Recent statistics show:
• 69% of all Family Violence Act applications are filed WON;
• 60% of all Care of Children Act applications are filed WON;
• 12% of all Oranga Tamariki Act applications are filed WON.
 
Nearly 40% of applications filed WON are declined and directed to proceed on notice. This data indicates that a large number of without notice applications filed are either:
• applications where the factual circumstances did not meet the threshold; or
• applications which failed to produce clear or effective evidence that established the grounds needed for an order to be made.
 
The high percentage of declined without notice applications may be attributed to complacency of practitioners preparing without notice applications, a need for a more thorough understanding of legal tests and duties, or increasingly casual attitudes around filing without notice.

This paper serves to outline the fundamentals to consider when filing without notice applications, and to provide suggestions to assist in preparing effective applications.

Content outline

  • Without Notice Applications
  • Tips/Suggestions – Without Notice Applications
View contents page
BLACK His Honour Judge Ti TIMAJO Tim  
His Honour Judge Tim Black,
Wellington District Court
Wellington		 Paolo Timajo
Family Law Specialists
Porirua		  

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