Part 2 order without notice
259 Part 2 order without notice
An application for a part 2 order should be served, but if the court is satisfied there is adequate reason for doing so, the court may grant the order without notice to the other party.
Without limiting the discretion of the court in the exercise of its equitable jurisdiction, on an application for a part 2 order, the court may, with or without conditions—
grant the order for a limited period specified in the order; or
grant the order until the trial of the proceeding; or
grant an order for a limited time restraining a person from leaving Australia; or
make another order.
Example of an injunction under subrule (2)(c)—
This injunction may be used if the departure of the person would render a proceeding useless, for example, because the person’s departure would make it impossible to have an enforcement hearing in relation to a judgment against the person and so ascertain the location of the person’s assets. Conditions imposed may, for example, relate to payment of moneys, or surrendering a passport, to the registry.
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