When Speed Is Everything
Some disputes cannot wait. Funds may be moved offshore. A departing employee may be copying client data. Equipment may be sold before judgment. In such situations, an urgent injunction can help protect your position until the court decides the matter.
Types of Urgent Relief
- Interlocutory injunction – preserves the current position pending trial.
- Freezing order (Mareva) – prevents assets being moved or hidden to avoid enforcement.
- Search order (Anton Piller) – allows supervised entry to secure evidence at risk of destruction.
- Springboard relief – restrains unfair advantage gained through misuse of confidential information.
The Legal Test
Courts in Victoria consider three key factors:
- There is a serious question to be tried.
- The balance of convenience favours granting the order.
- The applicant gives an undertaking as to damages.
Preparation is essential. The applicant must show that without an order, serious harm will occur and that later monetary compensation may not be enough to remedy it.
What the Affidavit Should Cover
Depending on the case, the affidavit may include:
- The contract or rights under threat.
- A clear chronology of facts with supporting documents.
- The harm that has occurred or is imminent, and why it cannot wait.
- Details of the assets to be frozen or the evidence to be preserved.
- Full and frank disclosure if applying without notice.
Where to File and Timing
Most urgent applications are filed in the Supreme Court of Victoria or Federal Court. However, depending on the matter, injunctions may also be sought in the VCAT, Magistrates’ Court or County Court. Judges often hear genuine emergency applications after hours. Legal representatives, counsel and an independent supervising solicitor (for search orders) should be ready the same day.
Common Commercial Scenarios
- Misuse of confidential information or breach of restraint clauses.
- Diversion of clients or business opportunities by insiders.
- Movement or concealment of assets following a statutory demand or judgment.
- Intellectual property infringement requiring swift action to prevent loss.
After the Order Is Made
A return hearing usually occurs within days. Compliance with the order must be monitored closely, and any breach addressed promptly. Once the immediate risk is contained, settlement discussions often progress more effectively.
How Scherini Lawyers Can Help
We act swiftly in urgent matters to protect our clients’ commercial interests. Our team can prepare, file, and appear on the same day where supported by the evidence and circumstances.
