Urgent Injunctions

Question 1

Power to grant

Answer 1

S 66 SCA in any case court considers just or convenient

Question 2

Procedure

Answer 2

1. Call registry, identify duty judge and contact associate to organise time and location of hearing: PN SC 8
2. Prepare NOM r 18.1, OP if possible (summons) and short minutes of order. If no OP, proceed under r 25.2
3. Prepare evidence - affidavit see Part 35 and rule 31.2
4. Identify D - have you asked them to stop? Have you or can you serve, Unless real need for urgency generally essential to give notice to all parties R 18.2. consider methods of service

Question 3

Requirements to show granted

Answer 3

Urgency - will be required if ex parter 18.2, may be required for court to hear

Castlemaine Tooheys v SA
1. Serious question to be tried - sufficient likelihood success to justify preservation of status quo:
ABC v O’Neill

2. : damages inadequate and A will suffer irrepressible harm if not granted
3. BOC favour granting - need to demonstrate benefit to client outweighs harm to D. Make sure no delay and client must have clean hands.

Following procedural points:

1. Usual undertaking as to damages R 25.8
2. Duty of candour - if not orders may be withdrawn, ethical breach, costs against practitioner
3. If proceedings not commenced, undertakingg to file and pay any court fees R 25.2 48 hours in SC