WATER ACT 2000 - SECT 787
Proceeding for enforcement order without notice
WATER ACT 2000 - SECT 787
Proceeding for enforcement order without notice
787 Proceeding for enforcement order without notice
(1) A person may bring a proceeding for an enforcement order without notice to
the other party.
(2) Without limiting the discretion of the court in the
exercise of its equitable jurisdiction, the court may, with or without
conditions—
(a) grant the order for a limited period stated in the order; or
(b) grant the order until the trial of the proceeding; or
(c) grant an order
for a limited time prohibiting a person from leaving Australia; or
(d) make
another order.
Example of an injunction under subsection (2)(c)—
This
order may be used if the departure of the person would render a proceeding
useless, for example, because the person’s departure would make it
impossible to have an enforcement hearing in relation to a judgment against
the person and so ascertain the location of the person’s assets. Conditions
imposed may, for example, relate to payment of an amount, or surrendering a
passport, to the court.