Urgent Injunctions

Urgent Injunction NSW: Fast Court Orders to Protect Your Business

An urgent injunction is a court order that stops someone from doing something, or requires them to do something, until the dispute can be properly decided. In NSW, you can apply for an urgent injunction in the Supreme Court at short notice and, in a genuine emergency, without first notifying the other side.

Reviewed by Sam Saadat, Principal Lawyer, Invictus Legal. Last reviewed: 7 October 2026

If a former employee is using your client list, a business partner is about to sell a key asset, or a contract counterparty is threatening action that will cause irreparable harm, an urgent injunction in NSW may be the only way to hold the line. Invictus Legal's principal, Sam Saadat, has obtained urgent injunctions, freezing orders and search orders, and our team can prepare an application quickly.

What is an interlocutory injunction?

An interlocutory injunction is a temporary court order made before the final hearing to preserve the position between the parties until the court can decide the case.

It is commonly used to:

• stop a breach of a restraint of trade or confidentiality clause

• prevent the sale, transfer or encumbrance of property in dispute

• stop misuse of intellectual property, trade names or confidential information

• restrain a party from acting on a disputed contractual right, such as terminating a lease or a supply agreement

Where the concern is that a party will move or hide assets to defeat a money judgment, the right order is usually a freezing order.

What do I need to prove to get an urgent injunction in NSW?

You must show a serious question to be tried (a prima facie case) and that the balance of convenience favours granting the injunction.

The leading High Court authority is Australian Broadcasting Corporation v O'Neill [2006] HCA 46. The Court explained that the applicant does not have to show that it is more likely than not to win at trial; it is enough to show a sufficient likelihood of success to justify preserving the status quo until trial. How strong that case needs to be depends on the nature of the rights asserted and the practical consequences of the order.

The court then weighs the balance of convenience: the harm to you if the injunction is refused against the harm to the other side if it is granted. Courts also look at whether damages would be an adequate remedy, any delay in applying, and the conduct of the parties. Moving quickly matters; unexplained delay can be fatal to an urgent application.

Can I get an injunction without telling the other side?

Yes, but only in a genuine emergency or where notice would defeat the purpose of the order, and you must then disclose everything relevant to the judge.

The Supreme Court's practice note on urgent matters in the Equity Division expects applicants for injunctive relief to seek agreement on undertakings from the defendant and, unless special circumstances exist, to notify the defendant of the application. Where an order is sought without notice (ex parte), the applicant is under a duty to make full and frank disclosure of all material facts, including those that hurt their case; the Supreme Court's freezing orders practice note states this duty expressly. An order obtained without proper disclosure is at risk of being set aside.

What is the usual undertaking as to damages?

It is a promise to the court that you will pay compensation to anyone harmed by the injunction if the court later decides it should not have been made.

Under the Uniform Civil Procedure Rules 2005 (NSW) r 25.8, the "usual undertaking as to damages" is an undertaking to submit to such order as the court considers just for compensation to any person, whether or not a party, affected by the interlocutory order. This is a real financial exposure, and we advise you about it before you commit. Where an applicant may not be able to stand behind the undertaking, the court can require security.

Which court hears urgent injunctions, and can I apply after hours?

Most urgent commercial injunctions are heard by the Duty Judge of the Supreme Court of NSW, who is available at all times to hear urgent applications.

According to Practice Note SC Eq 8 (Urgent Matters in the Equity Division), urgent applications are usually made between 10.00 am and 4.00 pm, but an application can be made out of hours by contacting the Duty Judge's Associate or the Court's Security Officer. Out-of-hours applications may attract an additional fee.

In an urgent case, the court can grant injunctive relief even before proceedings have been commenced, on the application of a person who intends to commence them (Uniform Civil Procedure Rules 2005 (NSW) r 25.2).

What evidence do I need for an urgent injunction application?

You need sworn affidavit evidence that sets out the facts, the right you are protecting, the harm you face, and why the matter is urgent.

• an affidavit from the person with first-hand knowledge, attaching the key contracts, emails and records

• evidence of the threatened conduct and when it is likely to occur

• evidence of why damages would not be an adequate remedy

• evidence of your capacity to meet the undertaking as to damages

• a draft originating process, a notice of motion and short minutes of the orders sought

We can usually prepare this material within hours where the client has documents ready.

How fast can an urgent injunction be obtained?

In a true emergency, interim orders can be made on the same day the application is prepared, often to a short return date when the other side can be heard.

The interim order typically holds the position for a few days until a fuller hearing. The quicker you call us after learning of the threat, the stronger your case on urgency.

What does it cost?

The cost depends on how quickly the application must be prepared, the volume of evidence, whether counsel is briefed, whether the application is opposed, and whether the matter proceeds to a final hearing. Urgent work out of hours costs more than planned work.

Fees for commercial matters are determined by the scope of work involved, and we issue a costs agreement before we commence any work, so you have full transparency from the start. See also our commercial litigation page.

Frequently asked questions

What is the test for an interlocutory injunction in Australia?

The applicant must show a prima facie case, in the sense of a sufficient likelihood of success to justify preserving the status quo until trial, and that the balance of convenience favours the injunction. The leading authority is Australian Broadcasting Corporation v O'Neill [2006] HCA 46.

Can I apply for an injunction in NSW outside business hours?

Yes. Practice Note SC Eq 8 states that a Duty Judge of the Supreme Court is available at all times to hear urgent applications. Out-of-hours applications are made through the Duty Judge's Associate or the Court's Security Officer and may attract an additional fee.

What is the usual undertaking as to damages?

It is an undertaking to the court to submit to any order the court considers just to compensate any person affected by the interlocutory order, whether or not they are a party (Uniform Civil Procedure Rules 2005 (NSW) r 25.8). It means you may have to pay compensation if the injunction turns out to have been wrongly granted.

Can I get an injunction before starting court proceedings?

Yes. In an urgent case, the court may grant injunctive relief on the application of a person who intends to commence proceedings (Uniform Civil Procedure Rules 2005 (NSW) r 25.2). The court will usually require proceedings to be commenced promptly afterwards.

Do I have to tell the other side before I apply?

Ordinarily yes. The Supreme Court expects applicants to notify the defendant unless special circumstances exist. If you apply without notice, you must make full and frank disclosure of all material facts to the court, including facts that are unfavourable to you.

Why choose Invictus Legal for an urgent injunction in NSW?

You get an experienced Sydney litigator who has run urgent applications, candid advice on your prospects and your undertaking exposure, and fast turnaround. We appear in the Supreme Court of NSW, District Court and Local Court, and in courts across Sydney and NSW.

For an urgent injunction call 0410 600 230 now. For other matters call 02 8553 0500 or book online.

This page is general information only and is not legal advice. Contact Invictus Legal to discuss your situation.