Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Supreme Court
or the District Court, on the application of the Minister, the Council or any
other person, where the Court is satisfied that a person —
(a) has
engaged, or is proposing to engage, in conduct that constitutes or would
constitute; or
(b) is
involved in,
a contravention of
this Act or under any other written law by reason of the operation of this Act
(whether or not there is an imminent danger of substantial damage to any
person), may make such order or orders as the Court thinks fit for the purpose
of securing compliance with this Act or that written law and giving effect to
the objects of this Act, including an injunction or other order directing a
person to do or refrain from doing a specified act, and any ancillary order
deemed to be desirable in consequence.
(2) An interim
injunction may be granted ex parte under this section pending final
determination of the application.
(3) Where the Minister
or the Council makes an application to the Court for the grant of an
injunction under this section, the Court shall not require the applicant or
any other person, as a condition of granting an interim injunction, to give
any undertaking as to damages or costs.
(4)
If —
(a) in a
case to which subsection (3) does not apply, the Court would, but for
this subsection, require a person to give an undertaking as to damages or
costs; and
(b) the
Minister gives the undertaking,
the Court shall accept
the undertaking by the Minister and shall not require a further undertaking
from any other person.
(5) A final injunction
may, by consent of the parties, be granted under this section without proof
that proper grounds for the injunction exist.
(6) The Court may
rescind or discharge, or vary or suspend the operation of, an order made under
this section at any time.