Urgent Injunctions and Ex Parte Applications in NSW

Some legal disputes may sometimes require immediate action. Especially when there are delays that could cause serious harm. An urgent injunction may help protect a person’s or business’s position while the dispute is resolved.

What is an Urgent Injunction?

An injunction is a court order prohibiting an individual from doing something, or in some circumstances, taking actions. An interim injunction provides temporary protection before the dispute is finally decided.

In cases that have potential for disclosure of confidential information, threats to property rights and conduct that may cause damage that is difficult to reverse, urgent applications may arise.

When Can the Court Act Without Notice?

An ex parte application is heard in the absence of the other party(s). The Court may allow an application without advanced notice where there is insufficient time to give notice or where doing so could defeat the purpose of the order. Urgency alone does not justify proceeding without notice.

What will the Court Consider?

The Court will make considerations relating to the strength of the applicant’s case, specifically around whether financial compensation would adequately address the harm, and the likely consequences of granting or refusing the injunction.

Further, the applicant must disclose all material facts, including information that may weaken their case. Failing to do so may result in the order being set aside.

The Undertaking as to Damages

To obtain an interim injunction, you are usually required to give an undertaking as to damages. Sometimes described as “indemnity”, this is a promise to comply with any compensation order the Court makes for loss caused by the injunction.

If it is later proven that the injunction was unjustified, the applicant may be liable and be required to compensate the other party or affected third parties. For example, preventing a business from selling a product may expose the application to claims regarding proven lost profits.

This must be clearly understood prior to applying, as this commitment can carry substantial financial consequences.

What Happens Next?

Orders that are made without notice are usually temporary. As such, the matter usually returns to Court promptly so that the other party may respond.

How Can We Help?

We can advise whether relief is appropriate, explain the financial risks associated and advise you on the next steps to protect your legal and commercial interests.