Victorian Consolidated Legislation

Fair Trading Act 1999 - SECT 150

Interim injunctions

150. Interim injunctions



(1) The Supreme Court, County Court or Magistrates' Court may grant an interim
injunction pending determination of an application under section 149, if, in
the opinion of the Court it is desirable to do so-

   (a)  whether or not it appears to the Court that the person intends to
        engage in or continue to engage in conduct of the kind referred to in
        paragraphs (a) to (e) of section 149(1); or

   (b)  whether or not the person has previously engaged in conduct of that
        kind and whether or not there is an imminent danger of substantial
        damage to any person if the first-mentioned person engages in conduct
        of that kind.

(1A) The Supreme Court or County Court may grant an interim injunction pending
determination of an application under section 149A in relation to an act or
thing, if, in the opinion of the Court it is desirable to do so-

   (a)  whether or not it appears to the Court that the person intends to
        refuse or fail again, or to continue to refuse or fail, to do that act
        or thing; and

   (b)  whether or not the person has previously refused or failed to do that
        act or thing; and

   (c)  whether or not there is an imminent danger of substantial damage to
        any person if the first person refuses or fails to do that act or
        thing.

(2) An application for an injunction under this section may be made ex parte.