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s 26

Restraining orders

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Part 5Special provisions as to Court's civil jurisdiction
Division 1General

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.

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