Victorian Consolidated Legislation

Victorian Civil and Administrative Tribunal Act 1998 - SECT 123

Injunctions

123. Injunctions



(1) The Tribunal may by order grant an injunction, including an interim
injunction, in any proceeding if it is just and convenient to do so.

(2) The Tribunal's power to make an order under subsection (1) is exercisable
by a judicial member or a member who is a legal practitioner.

(3) The Tribunal may make an order under subsection (1) on application by any
party or on its own initiative.

(4) The Tribunal may make an order under subsection (1) granting an interim
injunction whether or not it has given any person whose interests may be
affected by the order an opportunity to be heard.

(5) In making an order granting an interim injunction, the Tribunal-

   (a)  may require any undertaking as to costs or damages that it considers
        appropriate; and

   (b)  may make provision for the lifting of the order if specified
        conditions are met.

(6) The Tribunal may assess any costs or damages referred to in subsection
(5)(a).

(7) The Tribunal's power to make an order granting an interim injunction is
subject to any conditions specified in the rules.

(8) The Tribunal's power under this section is in addition to, and does not
limit, any power of the Tribunal under an enabling enactment to make an order
in the nature of an injunction.