Injunction to halt eviction from non-marital family home denied despite constitutional challenge

High Court refuses an application for an interlocutory injunction to prevent the eviction of a woman and her children from a property pending a constitutional challenge against the Family Home Protection Act 1976. The court found that the applicant, who has resided in the property since 2006 and shares three children with the property's owner, had not acted with sufficient expedition in seeking the injunction and lacked the means to provide an undertaking for damages. The court also noted that the property's owner had a presumptively valid right to possession, and the balance of justice weighed against granting the injunction. The original court had granted a stay of 18 months on the possession order, which has since expired. The applicant's claim of misrepresentation was struck out, but her constitutional challenge against the Act of 1976 will proceed.