South Australian Consolidated Acts

ENVIRONMENT, RESOURCES AND DEVELOPMENT COURT ACT 1993 - SECT 28A

28A—Restraining orders

        (1)         The Court may make an order (a "restraining order") preventing or restricting dealing with property of a respondent or defendant in proceedings before the Court if—

            (a)         the proceedings appear to have been brought on reasonable grounds; and

            (b)         the property may be required to satisfy an order that has been, or may be, made in the proceedings; and

            (c)         there is a substantial risk that the respondent or defendant will dispose of the property before the order is made, or before it can be enforced.

        (2)         A restraining order must be served as directed by the Court.

        (3)         A person who deals with property subject to a restraining order except as permitted by the order commits a contempt of Court.

        (4)         The Court may vary or revoke a restraining order at any time.

        (5)         If it appears to the Court that grounds for making a restraining order exist but the Court requires further evidence to identify property in relation to which the order could be effectively made, the Court may summons the respondent or defendant, or issue a warrant to have the respondent or defendant arrested and brought before the Court, for examination on that subject.