In some cases, VCAT can make an order that stops parties from doing something that may cause damage to another party where an order to pay money is not appropriate compensation. This order is called an injunction.
Sometimes we will order someone to stop doing something temporarily. This is called an interim injunction. We usually make an interim injunction when there isn't enough time to tell the other parties about the injunction application and hearing. We then schedule a further hearing to decide, after hearing from all parties, whether the injunction should be continued. Sometimes there may be a mediation or compulsory conference before the next hearing.
How to apply for an injunction
Applying for an injunction is serious. You must explain to us why the matter is urgent. Before we decide to order an injunction, we must be confident that an injunction is the best way to deal with the situation.
You can apply for an injunction at any time. VCAT can also order an injunction without anybody applying if we think it is required.
Many VCAT application forms ask if you want to file an injunction. You will need to pay an extra fee if you are making this request.
If you are applying for more than an injunction, complete the application form and an Application for directions hearing or orders form.
If you think you need an injunction you must also:
- include supporting material such as an affidavit or statutory declaration
- include contact details for all parties and anyone else who might be affected by the injunction.
Duration of an injunction
If VCAT agrees with your request, we order the injunction. An interim injunction applies for whatever duration is specified in the order. It may be for a few days, or until further order.
Injunctions and other legal costs
If you lose the case, you may have to pay the legal costs and any other financial losses of the other party caused by the injunction order.
More information about injunctions
For more information about injunctions and urgent hearings, read VCAT's practice note PNVCAT 5 - Directions Hearings and Urgent Hearings.