MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 78 Injunction to prevent or restrain a contravention of s 74 or 75

MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 78

78 Injunction to prevent or restrain a contravention of s 74 or 75

(1) This section applies if the commissioner reasonably believes a person (an
"offending party" ) has engaged, is engaging or is proposing to engage in conduct, whether in Queensland or elsewhere, that contravened, is contravening or would contravene section 74 (1) or (2) or 75 .

(2) The commissioner may apply to a court of competent jurisdiction (the
"court" ) for an injunction restraining the offending party from engaging, or continuing to engage, in the conduct.

(3) The court may grant an interim injunction restraining the offending party from engaging, or continuing to engage, in the conduct pending a decision about the application.

(4) After considering the application, the court may—

(a) if it is satisfied on the balance of probabilities that the offending party has engaged, or is likely to engage or continue to engage, in the conduct—grant the injunction; or

(b) refuse to grant the injunction.

(5) The court may grant the injunction—

(a) if it is satisfied the offending party has engaged in the conduct—whether or not it considers the offending party intends to engage again, or continue to engage, in the conduct; or

(b) if it is satisfied the offending party will likely engage in the conduct if the injunction is not granted—whether or not the offending party has previously engaged in the conduct.

(6) If the court is satisfied there is a sufficient reason for doing so, it may grant an injunction under subsection (3) or (4) without notice to the offending party.

(7) In this section—


"court of competent jurisdiction" includes a court of another State or Territory vested with jurisdiction under the cross-vesting laws.


"cross-vesting laws" means the Jurisdiction of Courts (Cross-vesting) Act 1987 and the corresponding laws of the other States and Territories.