18 June 2021
Litigation – Local Court – Statutory remedies
Can the NSW Local Court make an order for an injunction?
Thank you for the question.
No. An injunction is an equitable remedy not available in the NSW Local Court. See Interim preservation orders including interlocutory injunctions in the NSW Judicial Commission’s Civil Trials Bench Book for a summary of this complex area.
The Local Court generally has no equitable powers. While it has some limited statutory powers akin to equitable orders, such as restraint via an apprehended violence order, or directions under the Dividing Fences Act 1991, these are not technically injunctions.
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