What is a 'show cause' order?

Study for the Queensland Practice and Procedure Bar Exam. Prepare with multiple choice questions, detailed explanations, and comprehensive study resources. Get ready for your legal career and excel in the bar exam!

A 'show cause' order is a legal directive that requires a party to demonstrate or articulate reasons why specific relief or action should not be granted by the court. This type of order typically arises in the context of enforcement actions or when a party seeks a remedy, such as an injunction or a stay. The responding party must provide justification for their position, which is often presented through evidence and arguments during a hearing.

The nature of a 'show cause' order makes it a powerful tool within litigation as it places the burden on the party being ordered to show why the requested relief should not be given. This procedural mechanism is designed to ensure that the court can make a fully informed decision based on the arguments and evidence from both sides before reaching a conclusion about whether to grant the requested remedy.

In contrast, the other options describe different types of orders: requiring payment of damages, compelling a party to appear with evidence, or allowing immediate relief without a court appearance, none of which align with the specific function and purpose of a 'show cause' order.

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