Western Australian Current Acts Western Australian Current Acts (1) This section
applies to 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 —
(a) the
Registrar; or
(b) a
person whose interests are affected by conduct engaged in by another person,
the Supreme Court, if
satisfied that conduct is conduct to which this section applies, may grant an
injunction, on the terms the Court considers appropriate, restraining a person
from engaging in the conduct and, if the Court considers it appropriate,
requiring that other person to do any act or thing.
(3) If the Supreme
Court considers it appropriate, the Court may grant an interim injunction
pending a decision on the application.
(4) The Supreme Court
may discharge or vary an injunction granted under this section.
(5) The power of the
Supreme Court to grant an injunction restraining a person from engaging in
conduct may be exercised —
(a)
whether or not it appears to the Court that the person intends to engage
again, or to continue to engage, in the conduct; and
(b)
whether or not the person has previously engaged in the conduct; and
(c)
whether or not there is an imminent danger of substantial damage to another
person if the first-mentioned person engages in the conduct.
(6) The power of the
Supreme Court to grant an injunction requiring a person to do an act or thing
may be exercised —
(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-mentioned person refuses or fails to do that act or thing.
(7) If the Supreme
Court has power under this section to grant an injunction restraining a person
from engaging in particular conduct, or requiring a person to do a particular
act or thing, the Court may, either in addition to or in substitution for the
grant of the injunction, order that person to pay damages to any other person.