Court Procedures Rules 2006

The Supreme Court may make an order (a freezing order) for the purpose of preventing the frustration or inhibition of the court’s process by ensuring that an order or prospective order of the court is not made valueless or diminished in value.

The Magistrates Court may make an order (also called a freezing order) in a proceeding for the purpose of preventing the frustration or inhibition of the court’s process by ensuring that an order or prospective order of the court in relation to the proceeding is not made valueless or diminished in value.

A freezing order may be an order restraining a respondent from removing any assets located in or outside Australia or from disposing of, dealing with, or diminishing the value of, those assets.

For the Supreme Court, a freezing order or ancillary order may be made whether or not the respondent is a party to an existing proceeding.

For the Magistrates Court, a freezing order or ancillary order may be made in a proceeding whether or not the respondent is a party to the proceeding.

The affidavits supporting an application for a freezing order or ancillary order must include the following information:

information about—

the order mentioned in rule 743 (1) (a) (Freezing orders—order against enforcement debtor or prospective enforcement debtor or third party); or

if no order mentioned in rule 743 (1) (a) has been obtained—the following information about the cause of action mentioned in rule 743 (1) (b) or (c):

the basis of the claim for principal relief;

the amount of the claim;

if the application is made without being served on the respondent—any possible defence or other response to the claim;

the nature and value of the respondent’s assets, as far as they are known to the applicant, in and outside Australia;

why the applicant believes—

the respondent’s assets may be removed from Australia; or

the dealing with the assets should be restrained by order;

why the applicant believes the order mentioned in rule 743 (1) (a) may go unsatisfied if the removal or dealing mentioned in paragraph (c) happens;

the identity of anyone, other than the respondent, who the applicant knows may be affected by the order, and how the person may be affected.

The court may amend or set aside a freezing order or ancillary order.