Interlocutory injunction application preparation checklist
An interlocutory injunction preserves the status quo pending trial. The test from Australian Broadcasting Corporation v O'Neill requires a serious question to be tried and that the balance of convenience favours granting the injunction. This checklist ensures all elements are addressed before the application is filed.
This is a 12-step checklist for preparing an interlocutory injunction application in Australian courts. It covers the serious question to be tried, balance of convenience, and the undertaking as to damages.
The checklist
Identify the right to protect
Clearly identify the legal or equitable right that the applicant seeks to protect and the basis for the underlying cause of action.
Establish serious question
Prepare evidence and submissions establishing a serious question to be tried — not a prima facie case, but more than a frivolous claim.
Assess balance of convenience
Analyse the balance of convenience: would the applicant suffer greater harm if the injunction is refused than the respondent would suffer if it is granted?
Consider adequacy of damages
Address whether damages would be an adequate remedy for the applicant. If yes, the court is less likely to grant the injunction.
Prepare undertaking as to damages
Prepare the applicant's undertaking as to damages and assess whether the applicant has the financial capacity to satisfy it.
Draft supporting affidavit
Draft the supporting affidavit deposing to the facts establishing the right, the threatened breach, the urgency, and the harm that will follow without relief.
Address duty of disclosure
If the application is made ex parte, ensure the applicant makes full and frank disclosure of all material facts, including facts adverse to the application.
Draft proposed injunctive orders
Draft the proposed orders with precision — the injunction must be clear enough for the respondent to know exactly what is prohibited.
Prepare the originating process
If no proceedings are on foot, prepare the originating application or statement of claim to file with the interlocutory application.
Consider urgency and abridgment
If urgent, prepare an application to abridge time for service and hearing. Address why the matter cannot wait for the ordinary return date.
Prepare submissions on costs
Prepare submissions on costs, including whether costs should be in the cause, reserved, or awarded to the successful party on the application.
Service and court logistics
Arrange for service of all documents on the respondent, book the hearing, and prepare a court book with all affidavits and exhibits.
When this checklist applies
Use when a client needs urgent court orders to restrain conduct pending trial — for example, breach of contract, breach of confidence, or trespass.
Common pitfalls
- Failing to address the undertaking as to damages or the applicant's capacity to meet it
- Vague or overly broad proposed orders that the court will refuse to make
- Incomplete disclosure on ex parte applications leading to discharge
- Not filing the originating process simultaneously with the interlocutory application
- Underestimating the time needed to prepare supporting evidence
Run this checklist on a real matter
Quillio can research relevant injunction authorities in your jurisdiction, draft affidavit outlines, and flag gaps in the balance of convenience analysis. See /practice-areas/litigation or start a free trial.
General interlocutory injunction guidance only. Court rules and thresholds vary by jurisdiction and court — obtain specific litigation advice.
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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