Injunctions and Urgent Court Applications
Urgent applications to preserve property, restrain conduct or protect a position until the dispute can be determined.
Urgent Action Is Required
Some situations cannot wait for the usual timetable of a court case, whether property is about to be sold, funds are about to be dissipated, or damaging conduct is continuing. An urgent application can preserve the position until the underlying dispute is properly heard.
What Is an Injunction?
An injunction is a court order requiring a party to do, or refrain from doing, a particular act. It can be sought as an interim measure or as a final order once the dispute has been determined.
When a Court May Grant Urgent Relief
Urgent relief is generally available where damages would not adequately compensate for the harm caused, and where the balance of convenience favours preserving the position rather than allowing it to change.
Risk, Evidence and Responding to an Order
Interim and Final Orders
An interim injunction preserves the position only until the matter can be properly heard, and is often granted quickly on limited evidence. A final injunction is only made after the underlying dispute has been determined.
Evidence and Preparing the Application
These applications require full and frank disclosure of all relevant matters, including anything unfavourable to your case, with affidavits and draft orders prepared quickly and accurately so the matter can be listed at short notice.
Undertakings and Cost Risk
An applicant is usually required to give an undertaking as to damages, meaning you may need to compensate the other party if the injunction turns out to have been wrongly granted. This risk needs to be weighed carefully before applying.
Responding to an Injunction
If an injunction has been sought or granted against you, there are often opportunities to challenge the application, seek its variation, or ensure the undertaking as to damages is properly enforced if the case fails.
How Shah & Co Lawyers can assist
Urgent applications leave no room for delay, so preparation begins the moment you contact us.
Urgent Advice
Rapid assessment of whether urgent relief is realistically available.
Affidavit Preparation
Supporting evidence prepared accurately under significant time pressure.
Injunction Applications
Interim and interlocutory applications before the appropriate court.
Cost Risk Advice
Clear advice on the undertaking as to damages and associated exposure.
Responding to Applications
Representation where an injunction is sought or made against you.
Property and Fund Preservation
Applications to preserve assets, funds or evidence pending trial.
Questions we consider before applying
- Is the harm serious enough that damages later would not be sufficient?
- Is there a genuine question to be tried on the underlying dispute?
- Does the balance of convenience favour urgent relief?
- What undertaking as to damages will be required?
Frequently asked questions
General information only. Every matter turns on its own facts.
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Representation in civil proceedings before New South Wales courts and tribunals, depending on the nature and value of the dispute.
Learn moreGet urgent advice about your situation.
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