Recently, a certain male celebrity W, embroiled in a divorce dispute with Ms L, dominated the daily trending news lists. Ms L also quickly seized the moral high ground in public opinion with a series of “mini essays”, earning herself the nickname “Hammer Goddess” for a time.

But reversals are never in short supply in entertainment gossip, and Ms L suddenly stopped posting her mini essays. Was she really trying not to take up public resources?

Later it emerged that the woman had not complied with the prenuptial property agreement and had also refused to honour visitation arrangements. The man sued her for contempt of court, which carries a maximum sentence of 6 months’ imprisonment, and the court expressly prohibited both parties from using the media to attack each other.

From this, we can see that injunctions play a significant role. Today, let’s talk about court injunctions in Australia.

What is an injunction?

An injunction, also known as a restraining order, is a court order that can command or prevent a person from acting in a certain way.

An injunction is part of trial proceedings and is not a cause of action in itself. A plaintiff must first file an application with the court — for example, an application for infringement of intellectual property — before an injunction can be granted to protect the applicant’s rights while awaiting the court’s final determination.

Obtaining an Injunction from the Federal Circuit Court

The Federal Circuit Court can issue injunctions on matters pending judgment or already adjudicated. Its power to grant injunctions derives from the Federal Circuit Court of Australia Act 2001.

The Circuit Court deals with cases relating to:

Bankruptcy

Human rights

Consumer law

Family law

Child support

Privacy

Workplace law

Immigration

Administrative law

Intellectual property law

Industrial law

Admiralty law

Examples of the types of injunctions the Federal Circuit Court can make:

An order preventing a liquidator from selling property of one party to a marriage;

An injunction stopping someone from infringing another person’s privacy;

An injunction prohibiting a company from misusing its market power;

An injunction stopping the unauthorised use of an artist’s performance.

Jurisdiction of Federal Circuit Court Injunctions

The Federal Circuit Court can only deal with matters relating to federal law. Therefore, when federal law has been breached, the case and injunction will be commenced in the Federal Circuit Court.

If a case falls outside the court’s jurisdiction or is appealed, an application or appeal may be made to the Federal Court of Australia or the Family Court of Australia.

The Federal Circuit Court does not handle criminal law cases, nor does it deal with matters under the jurisdiction of state or territory courts.

Applying for an Injunction

You can obtain an injunction from the Federal Circuit Court after the case has been filed with the court or before trial.

When the case is first brought to the court for hearing, an injunction can be sought as part of the case.

The grant of the injunction will be issued at the same time as the judgment in the case.

After an application has been filed and before the court makes its final judgment, an injunction may also be sought to prevent or command a party to the case to act in a certain way. Such injunctions are applied for as an urgent matter and will relate to preparing the case for hearing — for example, preventing one party from destroying certain documents. This type of injunction does not determine the parties’ rights; rather, it is used to ensure the case is dealt with fairly.

Discharging or Varying an Injunction

The Federal Circuit Court also has the power to discharge or vary the terms of an injunction.

This is a discretionary power, and in certain circumstances the court may make a decision without having received an application.

This situation is common in some family law cases.

What to Do if You Receive an Injunction

If you have received an injunction, you should seek legal advice as soon as possible and provide your lawyer with:

The injunction

Copies of other documents in the proceedings

Information about the disputed facts and relevant circumstances

Information on whether you intend to comply with the injunction

Any other information requested by the lawyer