A single judge has power under s 61 of the Supreme Court Act 1935 (WA) to grant a Mareva injunction in respect of a matter pending before the Full Court. However, a Mareva order will not be granted in the context of an appeal from a statutory demand ruling where the appeal cannot result in a money judgment, the payment was voluntary, and the prospect of future recovery proceedings is uncertain. Parties who wish to preserve their position pending appeal from a statutory demand ruling should apply for an extension of time under s 459F(2)(a)(i) of the Corporations Law rather than paying under protest and then seeking Mareva relief.
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