South Australian Current Acts

MAGISTRATES COURT ACT 1991 - SECT 26

26—Restraining orders

        (1)         A Court may make an order (a "restraining order") preventing or restricting dealing with property of a defendant to an action if—

            (a)         the action appears to have been brought on reasonable grounds; and

            (b)         the property may be required to satisfy a judgment that has been, or may be, given in the action; and

            (c)         there is a substantial risk that the defendant will dispose of the property before judgment is given, or before it can be enforced.

        (2)         A restraining order must be served as directed by the Court.

        (3)         A person who deals with property subject to a restraining order except as permitted by the order commits a contempt of Court.

        (4)         The Court may vary or revoke a restraining order at any time.

        (5)         If it appears to the Court that grounds for making a restraining order exist but the Court requires further evidence to identify property in relation to which the order could be effectively made, the Court may summons the defendant, or issue a warrant to have the defendant arrested and brought before the Court, for examination on that subject.