Part 4Injunctions: gang-related violence

Applications

39Applications without notice

1

An application under section 37 may be made without the respondent being given notice.

2

In this Part, such an application is referred to as an application without notice.

3

Section 38(1) does not apply in relation to an application without notice.

4

If an application without notice is made the court must either—

a

dismiss the application, or

b

adjourn the proceedings.

5

If the court acts under subsection (4)(b), the applicant must comply with the consultation requirement before the date of the first full hearing.

6

In this section “full hearing” means a hearing of which notice has been given to the applicant and respondent in accordance with rules of court.