What is the purpose of an injunction?
Injunctions are orders of the Court requiring the defendant to do something, or more commonly, not to do something. They can be final (after trial) or interim (interlocutory). Typically they are issued by Supreme or Federal Courts. On occasion orders can be made by lower courts.
Traditionally injunctions are a form of equitable relief. There are also statutory bases for injunction orders.
A freezing order is a common type of interim injunction. It stops the defendant dissipating or removing assets from Australia. An interim injunction is not the end of the process; it is only the beginning. The Courts expect plaintiffs who obtain an injunction will follow through to trial.
Interim injunctions are often applied for on an urgent basis and without notice to the defendant (ex parte). A person who applies for an ex parte injunction bears a heavy burden to persuade the Court to deal with the matter without notice.
Legal Advice for Urgent injunctions
For assistance with an urgent injunction application outside of business hours please call.
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.