Apply for an injunction (an order to stop something)

In some cases, VCAT can make an order that stops parties from doing something that may cause damage to another party Definition A person or organisation directly involved in a VCAT case, including a person or organisation that has brought the case before VCAT or who is defending claims made against them. where an order to pay money is not appropriate compensation. This order is called an injunction Definition An order that stops a party from doing something, or makes a party do something. .

Sometimes we will order someone to stop doing something temporarily. This is called an interim injunction Definition VCAT makes an interim injunction when there isn’t enough time to tell other parties about an injunction application. During a hearing, we will decide whether the injunction will continue. . We usually make an interim injunction when there isn't enough time to tell the other parties about the injunction application and hearing Definition The time and place at which VCAT hears the parties argue their case and makes a decision. . 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 Definition Mediations are confidential meetings where parties discuss ways to resolve their dispute, with the help of an impartial mediator. or compulsory conference Definition Compulsory conferences are confidential meetings where parties discuss ways to resolve their dispute with the help of a VCAT member. before the next hearing.

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 include an option to specify if you are applying for 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 Definition A directions hearing is a hearing where a VCAT member decides how a case should be managed and how much time it will take.  or orders form.

If you think you need an injunction you must also:

  • include supporting material such as an affidavit Definition A written statement where the contents are sworn or affirmed to be true. Affidavits mu​st be signed in front of a witness who is an 'authorised person'. 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 Definition A document at VCAT that details VCAT procedures, instructions, rules, processes and information. There are practice notes that apply across all of VCAT, for example PNVCAT1 - Common procedures. Some Lists have their own practice notes that provide specific information about processes, procedures…  PNVCAT 5 - Directions Hearings and Urgent Hearings.

Case types

Some details of the steps to follow during a VCAT case vary for different case types.
Choose a case type to see any case type specific variations.