- An injunction is a court order requiring a party to do something (mandatory) or refrain from doing something (prohibitory).
- Interlocutory injunctions are urgently available to preserve the status quo while proceedings are on foot.
- The court applies the “balance of convenience” test — whether the balance of harm favours granting or refusing the order.
- An undertaking as to damages is almost always required — you must be able to compensate the other party if you obtain an injunction that turns out to be wrongly granted.
- Speed matters: delay in seeking an injunction can itself be fatal to the application.
Injunction Lawyers Brisbane — Commercial Disputes
When a commercial dispute requires immediate court intervention — to stop a competitor using your confidential information, to freeze an asset before it is dissipated, or to restrain a breach of a restraint of trade clause — an injunction may be the most important strategic weapon available.
Boss Lawyers acts for businesses and individuals seeking and defending injunctions in commercial disputes in Brisbane and across Queensland. Mark Harley, Principal Solicitor, has over 17 years’ experience in commercial litigation and has acted in urgent injunction applications at all levels of the Queensland court system.
Types of Injunctions in Commercial Disputes
Interlocutory Injunctions
An interlocutory injunction is a temporary order made before the final hearing of a proceeding. Its purpose is to preserve the status quo until the rights of the parties are finally determined. Interlocutory injunctions can be obtained urgently — sometimes within hours — on an ex parte basis (without notice to the other party) where urgency is established.
Final (Permanent) Injunctions
Granted at the conclusion of a proceeding as a final remedy. A final injunction permanently restrains the defendant from specified conduct or requires performance of a specified act.
Mandatory Injunctions
A mandatory injunction requires the respondent to take a positive step — for example, to return property, disclose documents, or fulfil a contractual obligation. Courts are more reluctant to grant mandatory injunctions on an interlocutory basis than prohibitory orders.
Prohibitory Injunctions
The most common form. Prohibitory injunctions restrain specified conduct — for example, restraining disclosure of confidential information, use of intellectual property, or breach of a non-compete clause.
Freezing Orders (Mareva Injunctions)
A specific type of injunction that restrains a party from dealing with their assets pending judgment. See our dedicated page on Freezing Orders and Mareva Injunctions.
How Courts Decide Whether to Grant an Injunction
The test for an interlocutory injunction in Queensland is set out in Australian Broadcasting Corporation v O’Neill (2006) 227 CLR 57 and the foundational English decision of American Cyanamid Co v Ethicon Ltd [1975] AC 396 (applied in Australia).
The court asks:
- Is there a serious question to be tried? The applicant must establish that there is a prima facie case — a genuine claim that is not frivolous or vexatious. This is a low threshold at the interlocutory stage.
- Does the balance of convenience favour granting the order? The court weighs the harm each party will suffer if the order is granted versus refused. Factors include:
- Whether damages would be an adequate remedy if the injunction is not granted
- The strength of the applicant’s case on the merits (more relevant where the balance is even)
- The risk of irreparable harm
- The public interest
- Any delay by the applicant in seeking the order
Undertaking as to Damages
Almost every interlocutory injunction requires the applicant to give an undertaking as to damages — a promise to compensate the respondent for any loss caused by the injunction if it is later found to have been wrongly granted. The applicant’s financial capacity to meet this undertaking is a live issue in contested applications.
Urgent Injunctions — How the Process Works in Brisbane
When a client comes to Boss Lawyers needing urgent injunctive relief, the process typically moves as follows:
- Assessment: We assess the merits of your case, the urgency, and whether an ex parte application is justified (where giving notice to the other side would itself cause harm or defeat the purpose).
- Application preparation: We prepare the supporting affidavit (which must be frank and complete — on an ex parte application, there is a duty of full and frank disclosure to the court), the originating process, and draft orders.
- Urgent listing: We approach the duty judge at the Supreme Court of Queensland for an urgent listing, which can be within hours in genuine emergencies.
- Return date: If an ex parte order is granted, a return date is set (typically 3-7 days) at which the respondent can appear and contest the continuation of the order.
- Contested hearing: If the matter is contested, we are ready to argue the balance of convenience at the inter partes hearing.
In an injunction application, the quality of the affidavit evidence is often decisive. Boss Lawyers invests heavily in getting this right.
Frequently Asked Questions
How quickly can I get an injunction in Brisbane?
In genuine emergencies, the Supreme Court of Queensland can list an urgent application within hours. Ex parte orders (without notice to the other side) have been obtained on the same day. Speed depends on the urgency of the circumstances and the quality of the supporting evidence.
What happens if I get an injunction and my claim fails at trial?
The court will consider whether to enforce your undertaking as to damages. If you gave an undertaking and the other party suffered loss as a result of the injunction, you may be ordered to pay that loss. This is a significant risk and should be factored into the decision to seek an injunction.
Can a party be restrained from commencing or continuing legal proceedings?
In limited circumstances, yes — this is known as an anti-suit injunction. It is available where a party is pursuing foreign proceedings in breach of an exclusive jurisdiction clause, or where the foreign proceedings are oppressive or vexatious.
Is an injunction available to enforce a non-compete clause?
Yes, subject to the clause being enforceable (reasonable in scope, geography, and duration). Courts regularly grant injunctions to enforce post-employment restraints and confidentiality obligations in commercial agreements.
What is the difference between an injunction and a freezing order?
A freezing order (Mareva injunction) is a specific type of injunction that prevents a party from dealing with, removing, or dissipating their assets pending judgment. It is used where there is a risk that assets will be hidden or moved to avoid enforcement. See our page on Freezing Orders.
Why Choose Boss Lawyers for Injunction Applications
Urgent injunction applications demand a solicitor who can move fast, think clearly under pressure, and present a compelling case to a judge on short notice. Mark Harley has over 17 years’ experience in commercial litigation, including urgent injunctive relief applications at the Supreme Court of Queensland.
Boss Lawyers is a boutique firm — when speed matters, you deal directly with Mark, not a team of juniors filtering your instructions. We are set up to act quickly in commercial emergencies.
This is general information only and is not legal advice. You should obtain professional advice specific to your circumstances.
Call Mark Harley directly: 1300 267 711 | Get in Touch