Clause 7

Where an action on a claim under section 4 has been brought on or after the appointed date, but no order under section 5 for that claim has been made, a court may, on an application by the claimant, make an interim order specified in subsection (2) if the court is satisfied that —

there is prima facie evidence that —

the respondent’s act or omission caused unreasonable interference with the respondent’s neighbour’s enjoyment or use of his or her place of residence; and

the act or omission mentioned in sub‑paragraph (i) is likely to continue, and if allowed to continue is likely to have a substantial adverse effect on the respondent’s neighbour or the respondent’s neighbour’s day‑to‑day activities; and

it is just and equitable for an interim order to be made.(2) For the purposes of subsection (1), the court may make one or more of the following interim orders:

an interim order granting an injunction;

an interim order for specific performance;

any ancillary order as may be necessary to give effect to any of the interim orders.(3) In deciding whether it is just and equitable for an interim order to be made under subsection (1), the court is to consider all the matters mentioned in section 5(2).(4) An application under subsection (1) may be made by an application without notice.(5) An interim order takes effect in respect of a party —

when the order is served on the party in the manner prescribed in Rules of Court made under section 32;

where the court dispenses with the service of the order, when the service of the order on the party is dispensed with by the court; or

at a later time specified by the court.(6) An interim order ceases to have effect at the earlier of the following times:

when the claim before the court is determined, withdrawn, discontinued or abandoned;

when the interim order is suspended or revoked.(7) A court may vary, suspend or revoke the interim order or extend the duration of the interim order, on the application of the applicant for an interim order, the respondent or any other person to whom the interim order is directed.(8) The respondent must not make an application under subsection (7) (to vary, suspend or revoke an interim order) more than 28 days after the date the interim order takes effect under subsection (5), unless the court grants the respondent permission to do so.(9) There is no appeal against a decision of the court made under this section.(10) In this section and section 5B, “appointed date” means the date of commencement of section 7 of the Community Disputes Resolution (Amendment) Act 2024.Power of court to vary orders5B.—

Where an order was made under section 5 or 10A before, on or after the appointed date (called in this section the original order), the court may vary the original order or any of its terms if the court is satisfied —

that on a balance of probabilities —

there was a change in the personal circumstances of the applicant after the original order had been made; or

after the original order was made, the respondent, by any act or omission, caused unreasonable interference with the respondent’s neighbour’s enjoyment or use of the place of residence that the respondent’s neighbour resides in; and

that it is just and equitable to vary the original order or any of its terms.(2) An application for a variation mentioned in subsection (1) must be made by a party to the original order and no later than 2 years after the date of the original order.(3) In deciding whether it is just and equitable for any original order to be varied under subsection (1), the court is to consider —

in the case of an original order under section 5 — all the matters mentioned in section 5(2); and

in the case of an original order under section 10A — the impact of the variation, if made, on the landlord.(4) The variation mentioned in subsection (1) must not —

add a party that was not a party to the original order;

remove a party that was a party to the original order; or

impose an order in relation to a new act or omission causing unreasonable interference mentioned in subsection (1)(a)(ii) that is of a different category from the form of unreasonable interference addressed or contemplated in the original order. Illustrations (a) Where the original order is an injunction requiring the respondent to refrain from causing excessive noise in the form of hammering during specified times, the court may vary the injunction to include other forms of noise interference such as the playing of loud music during specified times, or all forms of noise interference. (b) Where the original order is an order for specific performance requiring the respondent to prune a specific tree on his or her premises to prevent excessive leaf litter from the tree falling on his or her neighbour’s place of residence, the court may vary the specific performance order to require the pruning of another tree on the respondent’s premises to prevent excessive leaf litter from that tree falling on his or her neighbour’s place of residence. (c) Where the original order is an injunction requiring the respondent to refrain from causing excessive noise through the playing of loud music, the court must not vary the order to require the respondent to refrain from smoking in a manner that causes excessive second‑hand smoke to enter the respondent’s neighbour’s place of residence.(5) An application for a variation mentioned in subsection (1) does not operate as a stay of execution or enforcement of the original order, unless the court otherwise orders.”.