Law blog for the USA Firm

Overview Obtaining an injunction in the FCFCA Jurisdiction of the FCFCA for

injunctions Injunction applications Discharging or varying an injunction

An injunction is a court order that makes or prevents a party from taking a particular

action. Injunctions form part of the court process and can be sought at any stage in

proceedings. An originating application must be made to the court before an injunction

can be obtained to protect the claimant’s rights while waiting for the court to determine

the final matter. This article deals with injunctions in the Federal Circuit and Family

Court of Australia (FCFCA).

The Federal Circuit and Family Court can grant an injunction in any current or pending

matter. Its power to grant injunctions is found in the Federal Circuit and Family Court

Rules 2001.

The court deals with matters relating to the following legal matters:

● Bankruptcy;

● Human rights;

● Consumer matters;

● Family law;

● Child support;

● Privacy;

● Employment Law;

● Migration;

● Administrative law;

● Intellectual property law;

● Industrial law; and

● Admiralty law.

Some examples of the type of injunctions the Federal Circuit and Family Court can

make include the following:

● An order to prevent a liquidator from selling a property by a party to the marriage;

● An order stopping a person from interfering with another’s privacy;

● An injunction to prevent corporations engaging in misuse of market power; and

● An order to stop the unauthorised use of an artist’s performance.

The Federal Circuit and Family Court can only deal with matters relating to

commonwealth law. When a matter arises from commonwealth legislation, the matter

should be commenced and the injunction sought in the Federal Circuit and Family

Court. The FCFCA does not deal with criminal law matters, nor matters that come under

the jurisdiction of state or territory courts.

You can obtain an injunction in the FCFCA whilst the originating matter is before the

court and before it has been dealt with at trial.

An injunction can be sought as part of an application when a party first applies to the

court to hear the matter. A grant of this injunction is decided at the same time as the

final orders of the matter.

An injunction may also be sought to prevent or compel a party to the matter act in a

certain way, after the original application has been made but before the court has made

a final order. These types of injunctions are sought as a matter of urgency and may be

made in relation to the preparation of a matter for trial – for example, to prevent a party

from destroying certain documentation. This type of injunction does not decide the rights

of the parties but is used as a way of making sure the matter is dealt with fairly. For

example, whilst a property settlement matter is awaiting trial, a non-bankrupt party to a

marriage can apply for an injunction to prevent a trustee from declaring or distributing

dividends amongst creditors of the bankrupt or debtor spouse.

The Federal Circuit and Family Court also has the power to discharge or vary the terms

of an injunction. This is a discretionary power and in some instances the court can do

this without an application being made. This is common in family law matters.

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