Types of Family-Law Injunctions

Personal protection injunctions
The court can order a person not to approach, contact or harass their spouse, former partner or children. Breaching such an order is a serious matter and can result in arrest (s 114AA).

Property preservation injunctions
Where there is a risk that one party will sell, mortgage or hide assets, the court can freeze bank accounts, restrain the sale of real estate or direct a company director to transfer shares back to the matrimonial pool (s 90AE(1)(d)).

Parenting-related injunctions
Under s 68B Family Law Act the court may restrain a parent or third party from removing a child, or require a parent to return a child to the other parent. These safeguards sit beside parenting orders and can be enforced swiftly when a child’s welfare is at stake.

When Will the Court Grant an Injunction?

To succeed you must show that an injunction is “proper, just and equitable” in all the circumstances (s 114(1)) and, if it affects a debt or a third party, that the order is reasonably necessary to divide property (s 90AF(3)). Factors the judge will weigh include:

• the immediate risk of harm or dissipation of assets;
• whether monetary compensation later would be inadequate;
• the balance of convenience—does the benefit of protection outweigh any hardship to the restrained party?

Because injunctions can affect the legal rights of others, the court must accord allparties, including creditors or trustees, procedural fairness (s 90AF(3)(c)).

Urgent and Interim Protection

Family breakdown can escalate quickly. If you need protection before the other side can be notified, the court may grant an ex-parte (without notice) interim injunction lasting until a return date. Our team prepares the detailed affidavit evidence and draft orders the court expects, so that urgent safety and financial concerns are addressed without delay.

How to Apply

1. Obtain legal advice  – tailored advice ensures your application targets the correct legislative pathway, whether under Part VII for children, Part VIII for property or Part VIIIAA for orders against third parties.
2. File an Initiating Application (or an Application in a Proceeding if litigation has already started), supported by an affidavit setting out the facts and attaching any essential documents—bank statements, police reports or screenshots of threatening messages.
3. Serve the papers –  prompt and proper service avoids adjournments and helps the court deal with the matter on the first occasion.
4. Prepare for the hearing – the judge may decide the interim application on the documents or require oral evidence. We present concise submissions that focus the court on the statutory criteria and practical solutions.

Consequences of Breaching an Injunction

Ignoring an injunction is a contempt of court and can attract heavy penalties—fines, costs orders or imprisonment (Part XIIIA Family Law Act). A breach may also bean offence under State family-violence legislation, leading to police intervention. Swift legal advice is vital if you believe an injunction has been contravened.

Why Timely Advice Matters

Applying for or responding to an injunction often happens at the most stressful point of separation. Getting it right the first time can:

• keep you and your children safe;
• prevent irreplaceable assets from disappearing;
• set the tone for efficient, cost-effective settlement negotiations.