Victorian Consolidated Legislation

Local Government Act 1989 - SECT 57A

Injunction

57A. Injunction





(1) If a person has engaged, is engaging or is proposing to engage in any
conduct that constituted, constitutes or would constitute an offence under
section 55, 55A or 57, the Supreme Court may on the application of a candidate
in an election grant an injunction restraining that person from engaging in
the conduct and, if in the opinion of the Supreme Court it is desirable to do
so, requiring that person to do any act or thing.

(2) If an application is made to the Supreme Court for an injunction under
subsection (1), the Supreme Court may, if in the opinion of the Supreme Court
it is desirable to do so, before considering the application, grant an interim
injunction restraining a person from engaging in conduct of the kind referred
to in that subsection pending the determination of the application.

(3) The Supreme Court may discharge or vary an injunction granted under
subsection (1) or (2).

(4) If an application is made to the Supreme Court for the grant of an
injunction restraining a person from engaging in conduct of a particular kind,
the power of the Supreme Court to grant the injunction may be exercised-

   (a)  if the Supreme Court is satisfied that the person has engaged in
        conduct of that kind-whether or not it appears to the Supreme Court
        that the person intends to engage again, or to continue to engage, in
        conduct of that kind; or





   (b)  if it appears to the Supreme Court that, in the event that an
        injunction is not granted, it is likely that the person will engage in
        conduct of that kind-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.

(5) The powers conferred on the Supreme Court under this section are in
addition to, and not in derogation of, any other powers of the Supreme Court.