Law

Injunctions - Stop in the name of the law

September 26, 2020 Paul Brennan
Law
Injunctions - Stop in the name of the law
Show Notes Transcript

Getting an injunction to stop your enemy

Paul Brennan is the principal of Brennans Solicitors, a law firm located on the Sunshine Coast, Queensland, Australia, where he practices with his wife, Diane in the areas of business law, litigation, property and wills/estates.

Over the years, by working in various countries, he noticed how similar the law can be. He set out to explain the law in a simple and often humorous way.

He has written several books about law and lawyers.

Further details of his profile can be found on Linkedin.

Injunctions—stop in the name of the law

In the old days people would rush before the King and demand justice and he would immediately deal with the case. When the King decided to knock that on the head lawyers got hold of litigation and implemented increasingly more longwinded processes.

Today the processes are relatively quick but you still need to jump the hurdles of your lawyer wanting to send a warning letter to the other side, collecting detail and paperwork, taking statements and doing a lot of messing about called solid preparation. It takes weeks before you can slap a writ on your enemy and worse still, they don’t even call it a writ anymore.

However, if the matter is urgent, for example, your former employee gives your client list to a competitor or a neighbour threatens to knock down your wall or tree or a nuclear attack is imminent, you can be in court the following morning. In urgent matters a court will order an interim injunction to stop the action until the case can be heard. 

But courts do not grant injunctions lightly. There are certain tests that a judge will apply, such as-

1.   It’s got to be something serious. Anything involving pets, hurt feelings or golf are not going to do it.

2.   Is it really necessary? Could a payment (damages) after the hearing be sufficient compensation?

3.  The court will try to balance the convenience of granting an injunction to you against the inconvenience to your opponent. For instance, what if you were wrong but the injunction causes your opponent’s business to go under? 

You must undertake to be responsible for any loss caused by the injunction if you should eventually lose the case.

An application for an interim injunction is quick, exciting and, of course, expensive. 

© Paul Brennan 2006. All rights reserved.