Urgent Injunction Lawyers Brisbane
When commercial harm is occurring in real time, an urgent injunction can stop it immediately. EAGLEGATE advises on urgent and interlocutory injunctions across Brisbane, Queensland and Australia.
An urgent injunction is a court order that aims to stop specified conduct immediately — before it causes further damage to a business, its assets, its intellectual property, or its commercial relationships. Where every hour of delay increases the harm, the ability to obtain immediate injunctive relief is the most important legal capability available.
EAGLEGATE advises businesses, directors, shareholders, intellectual property owners and individuals requiring immediate court intervention to protect their legal rights and commercial interests. We prepare urgent applications at short notice and present them to the Federal Court of Australia and the Supreme Court of Queensland, moving as quickly as the circumstances demand.
When the clock is running, EAGLEGATE moves with it.
Our Expertise
Key Urgent Injunction Expertise — Immediate Relief When It Matters
EAGLEGATE acts across every type of urgent injunctive relief in commercial disputes.
Interlocutory and Interim Injunctions
An interlocutory injunction operates pending the final determination of proceedings. An interim injunction is made for a very short period — hours or days — until a properly argued interlocutory application can be heard. EAGLEGATE advises on which form of relief is appropriate and prepares the application accordingly.
Ex-Parte Applications — Without Notice
Where giving notice would allow the harm to occur or evidence to be destroyed, an urgent injunction can be obtained without notice. Full and frank disclosure of all relevant matters is required. Courts that grant ex-parte relief typically return the matter to court quickly to give the respondent an opportunity to be heard.
After-Hours and Emergency Applications
Both the Federal Court and the Supreme Court of Queensland have duty judge procedures for urgent applications outside ordinary sitting hours — including evenings, weekends, and public holidays. EAGLEGATE can prepare and present applications through these procedures where the matter cannot wait for the next court day.
Intellectual Property Disputes
Trade mark infringement, copyright infringement, passing off and design infringement can cause immediate, ongoing commercial harm. An urgent injunction stops the infringing conduct while the underlying dispute is resolved.
Shareholder and Director Disputes
Where a director is disposing of company assets, making unauthorised payments, or taking steps that will prejudice shareholders, an urgent injunction can restrain that conduct immediately under the Corporations Act 2001 (Cth).
Confidential Information and Restraint of Trade
Former employees or contractors using confidential information or breaching restraint of trade provisions cause harm that compounds with every day unchecked. Urgent injunctions can restrain both the individual and, where relevant, their new employer.
Fraud and Unauthorised Fund Transfers
Where money is being moved out of a business as part of a fraud, every hour counts. An urgent injunction can restrain further transfers and preserve the funds — often coupled with a freezing order — before they are dissipated or moved beyond reach.
Our Approach
1. Assess Honestly
Not every commercial dispute warrants urgent injunctive relief. We assess whether the harm is genuinely urgent and irreversible, whether the underlying claim meets the serious question threshold, and whether an injunction is the most cost-effective path — or whether another remedy better serves the objective.
2. Advise on Risk
An applicant for an urgent injunction must give an undertaking as to damages. We advise on the scope of that exposure before any application is made.
3. Apply Urgently
We prepare affidavit evidence and written submissions and, through appropriate Counsel, present the application to the court — through ex-parte procedures (if necessary) or after-hours duty judge procedures where required.
4. Manage What Follows
An injunction is a holding measure, not a resolution. We manage the return date, the interlocutory hearing, and the underlying proceedings with a focus on achieving the best commercial outcome.
Why Choose EAGLEGATE
Speed Is Our Standard
We move at the pace the matter demands. Where same-day or after-hours relief is required, we prepare and present applications accordingly.
Federal Court and Supreme Court Capability
We act in both courts depending on the subject matter of the underlying claim and the most appropriate jurisdiction for urgent relief.
Fraud, Commercial and IP Integration
Urgent injunctions most commonly arise in IP, shareholder, confidential information and commercial fraud disputes. EAGLEGATE’s integrated capability across these areas means the injunction and the underlying claim are handled coherently.
Principal Involvement
Urgent matters are handled by a senior lawyer. Speed requires experience. We do not delegate urgent applications to junior practitioners.
Our Insights
- What is an urgent injunction?
An urgent injunction is a court order obtained as fast as possible to prevent harm, protect assets, or stop unlawful conduct before it causes further damage. It is sought where delay would cause irreversible harm that damages alone could not adequately address.
- How quickly can an injunction be obtained?
In genuinely urgent cases, an injunction can be obtained on the same day the application is presented. More often, the Court will set the matter down for an interlocutory hearing days later. Both the Federal Court and the Supreme Court of Queensland operate after-hours duty judge procedures for matters that cannot wait for the next court day.
- What is the legal test for an urgent injunction?
The applicant must establish a serious question to be tried on the underlying claim, and that the balance of convenience favours granting the order — meaning the harm of refusing the injunction outweighs the harm of granting it. An undertaking as to damages is required in all cases.
- What happens if someone breaches an injunction?
Breach of a court injunction is contempt of court, punishable by fine, sequestration of assets, or imprisonment. The consequences provide significant practical deterrence against breach.
- Can an injunction be obtained without notice to the other party?
Yes — where giving notice would allow the harm to occur. The threshold for ex-parte relief is higher, and full and frank disclosure of all relevant matters is required. Ex-Parte injunctions are typically made returnable on short notice so the respondent can be heard.
- When should legal advice be obtained?
As soon as the conduct causing or threatening to cause harm comes to attention. Delay affects both the grounds for urgency and the court’s assessment of whether genuine urgent relief is warranted. Seek advice immediately.
General information only. Not legal advice. For advice specific to your situation, contact EAGLEGATE Lawyers.
