Queensland Consolidated Acts

LEGAL PROFESSION ACT 2007 - SECT 703

703 Injunctions

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

(a) an offence against a relevant law; or

(b) attempting to contravene a relevant law; or

(c) aiding, abetting, counselling or procuring a person to contravene a relevant law; or

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

(e) being in any way, directly or indirectly, knowingly concerned in, or party to, an offence against a relevant law by a person; or

(f) conspiring with others to contravene a relevant law.

(2) On application by the commissioner or the relevant regulatory authority for the subject person, the Supreme Court may grant an injunction, on terms the court considers appropriate—

(a) restraining the subject person from engaging in the conduct; and

(b) if the court considers it desirable to do so—requiring the subject person to do any act or thing.

(3) If an application under subsection (2) has been made, the Supreme Court may, if the court decides it to be appropriate, grant an injunction by consent of all the parties to the proceeding, whether or not the court is satisfied that subsection applies.

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

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

(6) The Supreme Court’s power to grant an injunction restraining the subject person from engaging in conduct may be exercised whether or not—

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

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

(c) there is an imminent danger of substantial damage to anyone if the subject person refuses or fails to do that act or thing.

(7) The Supreme Court must not require the commissioner or another person, as a condition of granting an interim injunction, to give an undertaking as to damages.

(8) For applying this section in relation to an offence against the Personal Injuries Proceedings Act 2002 , section 71 (1) or (2) or 71B , a reference to the Supreme Court includes a reference to a court of another State vested with jurisdiction under—

(a) the Jurisdiction of Courts (Cross-vesting) Act 1987 ; and

(b) the laws of other States that correspond to the Act mentioned in paragraph (a) .