Territorial Extent and Application Applications Section 39 Applications without notice
239.This section allows the applicant to make an application for an injunction without giving notice to the respondent.
240.The applicant is not required to comply with the consultation requirement in section 38 before making such an application.
241.However, subsection (5) requires the applicant to have met the consultation requirement of section 38 before the first full hearing, of which the respondent will have been notified.