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s 39

Orders and injunctions in the absence of a party

In force
Part 2Power of Courts to declare existence of relationships, to declare and adjust interests in property, and make maintenance orders
Division 6Supplementary

39 Orders and injunctions in the absence of a party

(1)

In the case of urgency, a court may, in the absence of a party, make or grant:

(a)

an order under section 27; or

(b)

an order or injunction for either or both of the purposes specified in section 37(h).

(2)

An application for relief under this section may be made orally or in writing or in any form the court considers appropriate.

(3)

If an application under this section is not made in writing, the court must not make an order or grant an injunction unless it considers that it is necessary to do so because of the extreme urgency of the case.

(4)

The court may give directions with respect to the filing, serving and further hearing of a written application.

(5)

An order or injunction granted under this section must be expressed to operate or apply only until a specified time or the further order of the court.

(6)

The court may give directions with respect to:

(a)

the service of an order or injunction granted under this section and any other documents it thinks fit; and

(b)

the hearing of an application for a further order.

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