Seeking an injunction

If you are involved in a dispute where there is a real risk that the someone else could do something that could cause you severe damage or harm, you might be able to get an injunction to stop this from happening until a permanent decision or solution is reached.

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Injunction lawyers

An injunction is a court order compelling  someone to do something, or not to do something. Typically, an injunction will be put in place to force someone to stop doing something that is damaging to someone else.

Injunctions can be temporary, preliminary or permanent depending on the type of action the injunction order relates to, and at what stage of a dispute or legal proceeding the injunction order is sought.

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…turned our crazy situation into positive new beginnings… We would highly recommend their services to anyone who is in need of professional property lawyers who have your best interests at heart. Thank you Mitchell and Melany!

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During the first phone call with Spencer I knew immediately that I was in competent hands. Spencer and his troops moved into position akin to military action… I would strongly recommend contacting Gibbs Wright Litigation Lawyers…

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Injunction Lawyers

Types of injunctions

There are various types of injunctions, and we can assist you with each.

Interlocutory injunction — a temporary order that is generally sought urgently to protect an immediate right, such as a right to stay living on a property.

Prohibitory injunction — an order that forces  not to do something in particular, such as selling a property.

Mandatory injunction — an order that directs someone to do something in particular (which restores the situation to before that person breached a contract). For example, the reinstatement of tenants who were wrongfully evicted.

Ex parte injunction — an injunction order  that is issued without notice to the other party, generally because of the urgency of the matter.

If you’re unsure of which type of injunction might be required for your situation, we can help you to determine this.

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How and when we can help

If you have a problem which you think might need an injunction, or you have been threatened with an injunction, contact our team of litigation lawyers.

We can assist you in determining whether an injunction is suitable for your circumstances, and if so, the type of injunction to apply for.

Some common reasons for getting an injunction include to stop:

  • a supplier from suddenly diverting supply elsewhere in breach of a supply agreement;
  • someone from illegally attempting to terminate a contract;
  • someone from taking action against your assets;
  • someone from illegally using your intellectual property; and
  • someone from breaching of a restraint of trade clause or confidentiality agreement.

Examples of situations when you might want to get an injunction include when:

  • a landlord is threatening to evict you as a tenant;
  • a magazine intends to publish an article that will harm your reputation; and
  • an employer wants to stop a former employee or a rival business from disclosing confidential information.
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If you have been served with an injunction application and you want to fight it, you may be able to discourage the court from granting the injunction by doing things such as:

  • compensating the applicant for harm caused;
  • providing an undertaking that you will stop taking a particular action (so that the injunction isn’t needed); or
  • arguing a defence such as:
    • delay (also known as laches)  — that there has been an unreasonable delay in making the application;
    • “unclean hands” — that the applicant has acted in bad faith, unethically or in some other negative way; or
    • waiver, release or estoppel (preventing the applicant from arguing something or asserting a particular legal right).
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Our dispute resolution team

Melany Dowse

SENIOR LITIGATION SOLICITOR

Rebekka Hallberg

Mitchell Caldwell

Litigation solicitor

Mitchell Caldwell

Special CounSEL

Melany Dowse

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Why us

Why choose Gibbs Wright Litigation Lawyers

Injunctions are an important enforcement tool that can be used to compel someone else to immediately modify their behaviour in order to prevent them from causing you irreversible (or even permanent) harm.

Gibbs Wright Litigation Lawyers have extensive experience with injunctions. We can provide advice to either party to ensure their rights are sufficiently protected at all times.

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  • High success rate
  • Direct contact with your lawyer
  • Brisbane-based litigation team
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FAQs

Frequently Asked Questions

How can I apply for an injunction?

There are various rules and procedures that need to be followed when applying for an injunction. The processes that apply depend on what stage the dispute or legal proceeding is at when the injunction is sought.

Therefore, it is important that you seek immediate legal advice, not only to ensure that you present your case in the most favourable way to maximise your chances of a successful outcome, but also to ensure that you follow the correct procedures by submitting the correct forms in the correct court.

How do I remove an injunction which has been ordered against me?

An injunction can only be removed or changed at the discretion of the court.

The party against whom the injunction order was made can apply to the court to have the injunction set aside if they can prove that the decision to grant the injunction was wrong in law.

If you wish to have an injunction order overturned, you should immediately seek legal advice.

Is my injunction application likely to succeed?

In deciding whether to grant an injunction order, the court requires the applicant to establish that there is a serious question to be tried and that the balance of convenience requires an injunction order to be granted.

The applicant must make out a prima facie case (they must show that there is sufficient evidence to establish a legally rebuttable presumption). An application must be accompanied by an affidavit that contains the supporting evidence.

The court must weigh up the applicant’s interests against the interests of the respondent. If the respondent can prove that the costs and inconvenience that it will take for them to comply with the order outweighs any benefits gained by the applicant, the court will generally be reluctant to grant the injunction.

What is the Gibbs Wright process?

At Gibbs Wright, we work closely with you to determine the best plan for your particular circumstances, taking into account your finances and expectations.

We will walk you through each step of the journey, which begins with a free initial discussion to assess the strength of your case and your legal options.

We will request key documents from you, such as a contract or evidence of conversations to assess this.

If we determine that we can help you, we will provide an estimate of fees, calculated based on the expected cost and complexity of the matter. If you agree with our proposed strategy, we will vigorously pursue (or defend) your claim on your behalf.

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