INSURANCE ACT 1973 - SECT 11A Injunctions

INSURANCE ACT 1973 - SECT 11A

Restraining injunctions

  (1)   If a person has engaged, is engaging or is proposing to engage, in conduct that constituted, constitutes or would constitute:

  (a)   a contravention of section   9 or 10; or

  (b)   attempting to contravene section   9 or 10; or

  (c)   aiding, abetting, counselling or procuring a person to contravene section   9 or 10; or

  (d)   inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene section   9 or 10; or

  (e)   being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of section   9 or 10; or

  (f)   conspiring with others to contravene section   9 or 10;

the Federal Court may, on the application of APRA or a person whose interests have been, are or would be affected by the conduct, grant an injunction in accordance with subsection   (2).

  (2)   The injunction:

  (a)   may restrain the person from engaging in the conduct; and

  (b)   may also require that person to do a particular act or thing, if the Court thinks it desirable to do so.

The Court may grant the injunction on such terms as it thinks appropriate.

  (3)   The power of the Court to grant an injunction restraining a person from engaging in conduct may be exercised:

  (a)   whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; and

  (b)   whether or not the person has previously engaged in conduct of that kind; and

  (c)   whether or not there is an imminent danger of substantial damage to any other person if the person engages in conduct of that kind.

Interim injunctions

  (4)   The Court may grant an interim injunction pending determination of an application under subsection   (1) if in the Court's opinion it is desirable to do so.

Consent injunctions

  (5)   If an application for an injunction under subsection   (1) has been made, the Court may, if the Court thinks it appropriate, grant an injunction by consent of all the parties to the proceedings, whether or not the Court is satisfied that the subsection applies.

Variation or discharge of injunctions

  (6)   The Court may discharge or vary an injunction granted under subsection   (1) or (5).

Damages undertakings

  (7)   APRA cannot be required, as a condition of granting an interim injunction, to give an undertaking as to damages.

Damages orders

  (8)   If the Court has power under this section to grant an injunction restraining a person from engaging in particular conduct, or requiring a person to do a particular act or thing, the Court may, either in addition to or in substitution for the grant of the injunction, order that person to pay damages to any other person.

Federal Court's other powers unaffected

  (9)   The powers conferred on the Court by this section are in addition to any other of its powers, and do not derogate from its other powers.