1A party seeking a carve out from a freezing order for business expenses must adduce evidence demonstrating a need to access the frozen assets for that purpose; the absence of such evidence, combined with inadequate disclosure of prior dealings with the relevant funds, weighs heavily against the application.
2Where the plaintiff's claim is proprietary in character, the court must be particularly attentive to protect the assets subject to the freezing order, and a proposed carve out lacking monetary limits and adequate controls is unlikely to be granted.
3The principles applicable to carve outs for business expenses from freezing orders are equivalent to those applicable to carve outs for other categories of expense, per Clout (Trustee) v Anscor Pty Ltd [2001] FCA 174 and subsequent authorities.
