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Injunctions

I am experienced in making and responding to applications for:

  • The extension of caveats under s 138C of the Transfer of Land 1893 (WA);
  • Injunctions under Order 50 RSC;
  • The appointment of receivers under Order 51 RSC;
  • Freezing orders (previously known as Mareva injunctions, now dealt with in Order 52A RSC); and
  • Search Orders (previously known as Anton Piller orders, now dealt with in Order 52B RSC).

I once secured the arrest of a vessel in the Admiralty jurisdiction on behalf of a client who had not been paid for work it performed on the vessel.

I have written a blog post on practical steps involved in applying for an injunction.

Australian Taxation Office

I also worked closely with the Australian Taxation Office and am familiar with their processes for recovery; including the use of ‘garnishee like’ notices under Division 260 of the Taxation Administration Act 1953 (Cth), departure prohibition orders and freezing orders.

Proceeds of Crime orders

Between 2008 and 2014 I was the Australian Government’s most senior Western Australian lawyer with responsibility for arguing (or supervising the argument of) applications for ex parte orders to freeze property under the Proceeds of Crime Act 2002 (Cth).

The scheme provided for in that Act has been described by the Honourable the Chief Justice in Ex parte the Commissioner of the AFP [2012] WASC 252 at [35] as “not so materially different” from a common law injunction made in accordance with Order 52 of the Rules of the Supreme Court 1971. Indeed such orders have clear parallels with Order 52A RSC freezing orders.

Urgent injunctions

For assistance with an urgent injunction application outside of business hours please call 0417 921 300.