Injunctions And Injunctive Relief

Injunctions can help litigants stop other parties from taking a particular action or it can force them to do something if the underlying right exists. An application for an injunction is typically made to the court by way of a summons together with an affidavit in support. If an injunction is granted the order can either restrain or compel conduct on the part of the other party.

We have personally appeared in matters (and also instructed counsel) to apply for and/or oppose applications for injunctive relief in the Supreme Court during the course of conducting commercial litigation over the last 10 years e.g. Varley v Varley [2006] NSWSC 1025. If you need help with an urgent application to the Supreme or Federal Court then contact us to help you restrain conduct in breach of your rights or to compel the other party to take certain actions (where you have the right to do so). We can also in appropriate cases help you oppose an application for an injunction made against you.

Our firm is committed to handling your application for an injunction (or to oppose such an application) with competence and trust whilst all the while remaining accessible to you as our client. With more than 10 years’ worth of experience in providing litigants in Sydney with legal advice and services in respect of applications for injunctions within the context of commercial litigation we should be able to answer most of your questions and handle the application itself enabling you to protect your rights and avoid harm so far as you have the right to do so.

Sample Injunction Applications and Disputes

  • An application made by a business owner against a publisher of misleading content to force the removal of that content, and to restrain the making of misleading representations;
  • To restrain another business from passing of their products as if they were yours;
  • To restrain another business from using a trademark that is registered to you;
  • An application by a business to restrain an employee from using confidential information, and approaching your customers in breach of an employment agreement;
  • To restrain former tenants from entering your property after a lease has been terminated for non-payment of rent.

Important Quotes - Injunction Cases

"The first is whether the plaintiff has made out a prima facie case, in thesense that if the evidence remains as it is there is a probability that at thetrial of the action the plaintiff will be held entitled to relief ... The secondinquiry is ... whether the inconvenience or injury which the plaintiff wouldbe likely to suffer if an injunction were refused outweighs or isoutweighed by the injury which the defendant would suffer if aninjunction were granted." - referred to in Australian Broadcasting Corporation v O'Neill [2006] HCA 46

Let Us Help You

  • understand the legislative provisions such as S 134 and 135 of the District Court Act 1973 (NSW), S 66, 70 and 71 of the Supreme Court Act (NSW) 1970, the inherent jurisdiction of the Supreme Court, ss 232 and 234 of the Competition and Consumer Act 2010, Part 25 of the UCPR and Practice Note SC Eq 8;
  • utilise, in appropriate matters, the availability of an injunction under s 1324 of the Corporations Legislation;
  • consider whether you need an injunction as part of your interlocutory or final relief
  • evaluate whether your case is sufficiently urgent to make this application
  • formulate the scope of your injunction so it captures the offending behaviour or in some cases compels the relevant conduct
  • understand the criteria needed to obtain such an order which typically requires you to show that there is a prima facie case (aka serious question to be tried), that damages would be an inadequate remedy and that the balance of convenience favours the granting of the injunction. Other matters include the need for an effective undertaking as to damages (UCPR 25.8) (possibly security also).
  • consider the need for freezing orders (Mareva injunctions) see UCPR 25.14 and for search orders (Anton Pillar orders) see UCPR 25.20.
  • prepare the summons (abridging the time for service), and the affidavit in support.
  • appreciate your requirements for placing the other party on notice (unless an ex parte injunction is called for in which case a full and frank disclosure of all the facts matters and circumstances to the court may be needed).
  • raise such defences as may be available including: laches, delay and acquiescence; any lack of clean hands on the part of the plaintiff and potentially hardship.
  • Tell you more about the likely costs and filing fees involved.

* This content does not purport to give legal advice. Readers must obtain their own legal advice, that applies to the particular circumstances of their case, before taking any action at all.