Northern Territory Consolidated Acts

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LEGAL PROFESSION ACT 2006 - SECT 700

Injunctions

    (1)     This section applies if a person has engaged, is engaging or is proposing to engage in conduct that constituted, constitutes or would constitute:

        (a)     a contravention of this Act; or

        (b)     attempting to contravene this Act; or

        (c)     aiding, abetting, counselling or procuring a person to contravene this Act; or

        (d)     inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene this Act; or

        (e)     being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of this Act; or

        (f)     conspiring with others to contravene this Act.

    (2)     On the application of the Law Society, the Supreme Court may grant an injunction on the terms the Court considers appropriate restraining the first-mentioned person from engaging in the conduct and, if the Court considers it is desirable to do so, requiring that person to do anything.

    (3)     The Statutory Supervisor may by notice filed in the Court intervene in the proceeding for an application for an injunction under subsection (2).

    (4)     If an application for an injunction under subsection (2) has been made, the Court may, if the Court decides it to be appropriate, grant an injunction by consent of all the parties to the proceedings, whether or not the Court is satisfied this section applies.

    (5)     If the Court considers it is desirable to do so, the Court may grant an interim injunction pending decision of an application under subsection (2).

    (6)     The Court may discharge or vary an injunction granted under subsection (2) or (4).

    (7)     The Court's power to grant an injunction restraining a person from engaging in conduct may be exercised whether or not:

        (a)     it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; and

        (b)     the person has previously refused or failed to do that act or thing; and

        (c)     there is an imminent danger of substantial damage to any person if the first-mentioned person refuses or fails to do that act or thing.

    (8)     The Court must not require the Society or any other person, as a condition of granting an interim injunction, to give an undertaking as to damages.



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