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County Court Civil (VIC) - Step-by-Step Guide

Author: By Lawyers For Lawyers

The conduct of a County Court proceeding followed sequentially from settling it early to going to court.

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Injunctions

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Injunctions

Jurisdiction

The County Court’s injunctive power is unlimited.

The power extends to granting freezing orders (previously known as Mareva orders or asset preservation orders), inspection, detention and preservation of property orders and search orders (previously known as Anton Piller orders) under Orders 37, 37A and 37B County Court Civil Procedure Rules, in proceedings within its jurisdiction: s 37 County Court Act 1958.  See also practice notes 1-2007 and 2-2007.

The County Court has a duty judge who can hear urgent applications after hours. If proceedings are already on foot in the County Court, contact the duty judge first for an urgent application. 

Otherwise you can also approach the Supreme Court Practice Court. See the Step-by-Step Guide to the Supreme Court, which provides commentary and precedents in relation to injunctions.

Undertaking as to damages

Before granting an injunction, the court will usually require the applicant to give an undertaking as to damages. This is an undertaking that the applicant will compensate any person affected by the injunction for loss caused by the injunction. Before applying for an injunction, you must obtain instructions that your client is willing and able to give this undertaking.

The undertaking should not be given lightly. It is essential that your client understand that the amount of compensation payable could be enormous. For an explanation of the principles and an example where a plaintiff was ordered to pay over $5 million in compensation, see Love v Thwaites & Anor [2014] VSCA 56.

Service of Injunctions

The Court may grant an interlocutory injunction, before or after the commencement of a proceeding: r 4.08, r 38.01.

When the injunction is granted, give consideration as to the most effective manner of bringing the injunction to the defendant’s notice and make appropriate submissions to the Judge. Orders can be sought for service of an injunction by facsimile, electronically and even to the voicemail of a mobile telephone, depending upon the circumstances and the urgency of the matter.

Costs of Injunctions

Rule 38.03 gives the Court a discretion in relation to the costs of an injunction obtained before the trial of a proceeding. In addition, Order 63A provides:

63A.19 Interlocutory injunction

Where the Court grants an interlocutory injunction and afterwards grants a further interlocutory injunction continuing the first injunction with or without modification, an order as to the costs of the further injunction shall, unless the Court otherwise orders, include the costs of the first injunction.

63A.20 Interlocutory application

Each party shall bear that party's own costs of an interlocutory or other application in a proceeding, whether made on or without notice, unless the Court otherwise orders.



© Copyright By Lawyers For Lawyers, 2009, Sydney. All rights reserved.Last Updated: 10/10/2014


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