Court Procedures Rules 2006

An application for a division 2.9.4 order or ancillary order should be served, but if the court is satisfied there is adequate reason for doing so, it may make the order without the application being served on anyone.

Without limiting the court’s discretion in the exercise of its equitable jurisdiction, on an application for a division 2.9.4 order, the court may, if it considers it appropriate—

make the order for a limited period stated in the order; or

make the order until the trial of the proceeding; or

make an order for a limited time restraining a person from leaving Australia; or

make another order, including, for example, an ancillary order.

Rule 6901 (Orders may be made on conditions) provides that the court may make an order under these rules on any conditions it considers appropriate.

Ancillary order is defined in r 742.

Also, an application for an ancillary order may be made separately from the application for a freezing order.

Pt 6.2 (Applications in proceedings) applies to an application for an ancillary order made separately from the application for a freezing order.