New South Wales Consolidated Acts

PROPERTY (RELATIONSHIPS) ACT 1984 - SECT 40

40 Ex parte orders

(1) In the case of urgency, a court may make or grant, as the case may be, any one or more of the following--

(a) an ex parte order pursuant to section 28,

(b) an ex parte order or ex parte injunction for either or both of the purposes specified in section 38 (1) (h),

(c) an ex parte injunction for any of the purposes specified in section 53.

(2) An application under this section may be made orally or in writing or in such form as the court considers appropriate.

(3) Where an application under this section is not made in writing, the court shall not make an order or grant an injunction under subsection (1) unless by reason of the extreme urgency of the case it considers that it is necessary to do so.

(4) The court may give such directions with respect to the filing of a written application, the service of the application and the further hearing of the application as it thinks fit.

(5) An order made or injunction granted under subsection (1) shall be expressed to operate or apply only until a specified time or the further order of the court.

(6) Where a court makes an order or grants an injunction under subsection (1), it may give directions with respect to--

(a) the service of the order or injunction and such other documents as it thinks fit, and

(b) the hearing of an application for a further order.