Victorian Current Acts

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LIQUOR CONTROL REFORM ACT 1998 - SECT 133J

Interim injunctions

    (1)     The Supreme Court, County Court or Magistrates' Court may grant an interim injunction pending determination of an application under section 133H, if, in the opinion of the Court it is desirable to do so—

        (a)     whether or not it appears to the Court that the person intends to engage in or continue to engage in conduct of the kind referred to in paragraphs (a) to (e) of section 133H(1); or

        (b)     whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person engages in conduct of that kind.

    (2)     The Court may grant an interim injunction pending determination of an application under section 133I in relation to an act or thing, if, in the opinion of the Court it is desirable to do so—

        (a)     whether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and

        (b)     whether or not the person has previously refused or failed to do that act or thing; and

        (c)     whether or not there is an imminent danger of substantial damage to any person if the first person refuses or fails to do that act or thing.

    (3)     An application for an injunction under this section may be made ex parte .

S. 133K inserted by No. 58/2011 s. 61.



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