Urgent ex parte injunction preparation
Ex parte injunctions are an exceptional remedy — full and frank disclosure is non-negotiable. This checklist walks through the preparation steps.
This is a 12-step preparation checklist for an urgent ex parte injunction in the NSW Supreme Court. It covers the American Cyanamid test, evidence, undertakings and orders.
The checklist
Identify the legal right to be protected
Identify the cause of action and the precise right that requires protection.
Apply the American Cyanamid test
Serious question to be tried, balance of convenience, damages not an adequate remedy.
Confirm the urgency
Urgency must justify ex parte — notice would frustrate the relief sought.
Draft the summons
Draft the summons with the interlocutory relief sought and final relief foreshadowed.
Draft the affidavit
Detailed affidavit evidence of the facts relied on — admissible and specific.
Observe the duty of candour
Disclose all matters the other side would likely raise, including any weak points.
Prepare an undertaking as to damages
An undertaking as to damages is required before interlocutory relief is granted.
Draft the short minutes
Draft short minutes of orders sought with a return date (typically 2-3 business days).
Identify the duty judge
Identify the duty judge list and the process for urgent listings.
Prepare the service plan
Plan for immediate service of sealed orders and all material on the respondent.
Brief counsel
Urgent injunctions are argued by counsel. Brief as early as possible.
Attend and serve
Attend for the ex parte hearing, obtain orders and serve immediately.
When this checklist applies
Use this checklist when the client needs urgent injunctive relief — asset dissipation, breach of restraint, or infringement.
Common pitfalls
- Failing to disclose material adverse to the applicant
- Orders drafted too broadly
- No undertaking as to damages
- Inadequate evidence of urgency
- Service plan not prepared
Run this checklist on a real matter
Quillio drafts urgent injunction applications, affidavits and short minutes in current NSW format. See /practice-areas/litigation-lawyers.
This checklist is a general guide. Adapt for freezing orders, search orders and specific statutory regimes.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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