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ARTICLE · 08 NOVEMBER 2016

Protecting a party's position by injunction to prevent irreparable harm

An injunction is granted for the purpose of keeping matters in status quo until the rights are determined at trial.

AustraliaLitigation, Mediation & Arbitration

Protection of a party's position by injunction until a final hearing in court proceedings can sometimes be necessary to prevent irreparable harm which may occur prior to determination of the dispute at trial.

The Supreme Court of Western Australia has power to grant an injunction for the purpose of keeping matters in status quo until the parties' rights are determined at trial. Injunctions can take different forms, but at an early stage of the proceedings they are orders usually obtained to prevent the other party doing something until the matter is finally determined or until further order of the Court. They can also be in a mandatory form, providing an obligation to the other party to do something, such as ordering a landlord to permit the re-entry of a tenant into premises where they have been locked out.

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