Freezing orders restraining defendants from dealing with 'their assets' extend to assets held on trust, not merely assets beneficially owned by the defendant; Federal Bank of the Middle East v Hadkinson is not followed in NSW. However, the orders may be ambiguous on this point, and contempt cannot be established if the defendant's construction is reasonably open. The Evidence Act 1995 (NSW) displaces Witham v Holloway's uniform criminal standard of proof for all contempts: the criminal standard applies to criminal contempt proceedings (which are 'criminal proceedings' under the Act) and the civil standard applies to civil contempt proceedings. The UCPR (including r 29.10) does not apply to criminal contempt proceedings.
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