Injunctions & Preservation Orders
When something critical happens — an employee moves assets, a competitor uses your brand, or vital evidence is at risk — you may need to act immediately.
At EAGLEGATE, we help clients obtain urgent injunctions and preservation orders that stop the damage before it spreads.
Our team of experienced litigation and intellectual property lawyers combines speed, precision and strategy to protect what matters most.
When time and evidence are critical, experience makes the difference.
What Is an Injunction?
An injunction is a court order that compels someone to do something or restrains them from acting in a way that causes harm.
They are powerful, fast-moving remedies used to preserve assets, prevent misuse of intellectual property, or stop conduct that could cause irreparable loss.
Injunctions can be sought at any stage of a dispute — often within hours — when delay could defeat justice. Injunctions are not given by way of right and, among other things, there must be a good reason for a Court to order an injunction. An injunction is an application combined with another claim and cannot be brought without a claim being made against the other party.
Types of Urgent Injunctions Available in Australia
Interlocutory and Interim Injunctions
Temporary court orders made while proceedings are pending. They preserve the status quo and prevent harm until the dispute can be fully heard. Often used in intellectual property infringement or confidential information misuse cases to prevent further infringement and damage.
Prohibitory Injunctions
Orders restraining a person from taking certain actions — for example, selling infringing products or disclosing trade secrets. These are often used where a threatened act would cause significant harm if carried out.
Freezing Orders (Mareva Injunctions)
Prevent a defendant from moving or disposing of assets, ensuring there is something left to recover when judgment is delivered. Common where assets may be divested or moved overseas to avoid claims — often in fraud or theft matters.
Search Orders (Anton Piller Orders)
Authorise independent solicitors to enter premises and secure evidence at risk of destruction — a remedy often used in IP, technology and data matters. These are highly invasive civil orders, brought without notice, and used where evidence would likely be destroyed if notice were given.
Pre‑Litigation Orders
Not strictly injunctions, these orders require a person to do a specific act — for example, deliver identifying information or documents. Used where a party cannot be identified, or where evidence is being withheld and needed to assess prospects and proportionality.
Ex Parte Injunctions
Orders made urgently without the other side present, granted where notifying them could allow evidence to vanish or assets to be moved. Typically used in search orders or in matters involving urgent risks to human life.
Our Approach to Urgent Applications
Speed matters — but so does precision.
When clients call with an urgent problem, we act immediately to:
- Assess the urgency, evidence and potential remedies and provide advice.
- Prepare affidavit material and draft orders, often within hours.
- File and appear before a duty judge on an urgent basis.
- Manage compliance, enforcement and subsequent hearings.
Every minute counts in urgent applications. We make sure every step counts too.
Why Choose EAGLEGATE
Technical and Legal Expertise
Our team includes lawyers with strong backgrounds in technology, intellectual property and commercial litigation.
Proven in Urgent Matters
We’ve obtained freezing orders in employee fraud cases, search orders relating to misuse of proprietary code by ex‑employees, and interlocutory injunctions stopping misuse of patents and trade marks.
Strategic Litigation Team
Experienced in urgent Federal and Supreme Court applications where timing and accuracy are critical.
Commercial Outcomes
Every injunction is pursued with a clear end‑goal: protecting value, securing evidence, and stabilising your position.
Trusted by Businesses and Innovators
Clients rely on us when swift, decisive action is the only option.
Case Authorities — Urgent Orders We’ve Secured
- Freezing Order Following Employee Fraud
Acted for a business affected by employee‑related misappropriation. We obtained an urgent freezing order to preserve assets pending recovery action, giving the client assurance that funds could not be dissipated.
- Search Order Against Former Employee and New Employer
Acted to secure evidence of confidential code misuse by an ex‑employee who joined a competitor. We obtained a court‑supervised search order allowing recovery of digital evidence and giving the client control of the situation.
- Interlocutory Injunction to Stop Patent and Trade Mark Misuse
Acted swiftly to restrain unauthorised use of a client’s patent and brand. The injunction halted ongoing infringement and preserved the client’s market position while negotiations concluded successfully.
Insights from the Court Room
- What must I prove to get an injunction?
Injunctions are not granted by way of right. To obtain an injunction you must prove specific things, which also include that there is a serious question to be tried, a risk of ongoing harm, and that damages would be inadequate compensation.
- How quickly can I get an injunction?
Urgent injunctions can be obtained within days, and in extreme cases on the same day. The key is preparation and urgency.
- What’s the difference between a freezing order and a search order?
A freezing order preserves assets; a search order secures evidence at risk of destruction.
- What are the risks of seeking an urgent injunction?
You must give undertakings to the Court — if the order is wrongly granted, you may be liable for losses. We manage that risk carefully.
- What happens if someone breaches an injunction?
Breach is contempt of court, which can result in fines or imprisonment. We act immediately to enforce compliance and protect your position.
Act Now: Urgent Relief Protects Your Position
In urgent matters, timing can decide outcomes. Speak to an experienced injunctions lawyer now.