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An injunction is a Court order directing a person to do or not do a specific thing. An interlocutory injunction is granted prior to trial and remains in force until hearing. In order to obtain an injunction, generally an applicant will need to establish the following;

a) That there is a serious question to be tried;

b) That attempts to rectify the situation other than by order have failed;

c) That there is a reason for urgency (and that the applicant has acted promptly);

d) That damages are not enough to cure wrong;

e) That the balance of convenience favours making the order; and

f) The applicant be prepared to give the usual undertaking to damages (as defined in r25.8 of the UCPR to submit to any order for the payment of compensation to any person affected by the operation of the interlocutory proceeding).

An application can be made for an injunction ex parte (without all parties being present) if there is an urgent need for orders to be made. Orders of this nature will ordinarily remain in place for a few days until the parties can present their cases as to the grant of an interlocutory injunction. When applying for an ex parte interim application, the applicant needs to disclose any evidence that will be adverse to the applicant’s claim. An example of when you may need to apply for an ex parte injunction is when an applicant may need to restrain the sale of a property or if you need to freeze bank accounts.

If you require any assistance with an application for an injunction or wish to oppose an injunction, we recommend that you contact our firm on (02) 9233 4048 or send an email to info@navado.com.au and arrange an appointment to see one of our International Disputes & Litigation Solicitors.

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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