What is an Injunction Order on Property?
An injunction order on property is a legal remedy issued by a court that prevents an individual or entity from taking specific actions concerning a disputed property or a property at risk of harm.
This preventive measure is crucial in situations where the property’s value or condition could be irreversibly affected if the actions were allowed to proceed. In Australia, injunctions are commonly applied during family law proceedings, such as divorce, property settlements, or disputes involving jointly owned assets..
Types of Injunctions in Property Disputes
Interlocutory Injunctions
Often temporary and granted quickly, interlocutory injunctions aim to maintain the status quo until a final decision is made. These are crucial in preventing actions that could significantly affect property rights or values.
Permanent Injunctions
These injunctions are issued as part of a case’s final judgment, providing a long-term or permanent resolution to prevent an action that would legally harm the party that requested the injunction.
Legal Requirements for Obtaining an Injunction
To obtain an injunction on property, the applicant must satisfy the certain legal requirements. These include:
Probability of Success
The applicant must demonstrate a compelling likelihood of success in the main lawsuit. This does not mean they need to prove the entire case at this stage but must show enough evidence to convince the court that their claim is strong and not frivolous. This often involves presenting a prima facie case, where the key elements of their legal argument are clearly supported by initial evidence.
Irreparable Harm
The court must be convinced that the harm that could occur without an injunction is significant and not easily rectifiable by monetary compensation. This could involve situations where the property is unique or where its loss would lead to consequences that money cannot adequately replace, such as the destruction of heritage or the loss of an irreplaceable asset.
Balance of Convenience
This requirement assesses which party would suffer more harm from the granting or denying the injunction. The applicant must show that the inconvenience or damage they would endure if the injunction is not granted significantly outweighs any potential harm to the respondent if it is granted.
This often involves a detailed assessment of the impacts on both parties, including economic costs, the potential for ongoing legal violations, and public interest considerations.
Process of Applying for a Property Injunction
The application process for an injunction is procedural and demands thorough preparation:
Filing an Application
The applicant must file an Initiating Application (Family Law) or an Interim Application, supported by an affidavit outlining the grounds for the injunction and any relevant evidence.
Court Hearings
A hearing is typically scheduled after the filing, where both parties can argue their case. This may involve presenting further evidence, witness testimonies, or expert opinions that support each party’s position.
The hearings are a critical phase where the strength of the applicant’s case is tested, and the respondent can contest the need for or scope of the proposed injunction.
Judge’s Decision
After considering the evidence and arguments from both sides, the judge will decide based on the law and merits of the case. This decision will consider the urgency of the matter, the risks involved, and whether the legal standards for an injunction have been met.
If granted, the injunction can take immediate effect, and the judge will specify its terms and duration.
Impact of Property Injunctions on Parties Involved
The issuance of an injunction can significantly impact the parties involved. For the party seeking the injunction, it provides a protective measure to safeguard their property interests. However, for the party restricted by the injunction, it can limit actions they can perform with their property, which could have financial implications.
It is crucial to seek advice from an experienced family lawyer when considering applying for an injunction order on property in Australia. They can help assess the merits of your case, guide you through the application process, and represent your interests in court.
Director of Melbourne Family Lawyers, Hayder manages the practice and oversees the running of all of the files in the practice. Hayder has an astute eye for case strategy and running particularly complex matters in the family law system.
