A freezing order under s 43 of the Criminal Property Confiscation Act 2000 (WA) over property within Western Australia operates in rem, so O 10 of the Rules of the Supreme Court (requiring leave for service outside the jurisdiction) does not apply. An applicant for a freezing order need not establish a prima facie case that the property is confiscable; the court's discretion is enlivened by the statutory preconditions in s 43 and may be refused only on grounds such as bad faith or absence of any reasonably arguable case. The word 'ground' in s 44(b) means only the statutory foundation for the order. Where confiscation offences are offences under the Corporations Act 2001 (Cth), the proceedings do not necessarily involve an exercise of federal jurisdiction.
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