Practice Directions - QLD Bar Exam
PD 1 of 2007 - ANS-Freezing orders aka Mareva orders -
Chapter 8 Pt 2 UCPR & Vaughn v Bongiorno
- Respondent may be the defendant or a third party who may be in possession, custody
or control or even ownership of assets which he or she may have to disgorge to help
satisfy the judgment against another person.
- duration of the freezing order made without notice limited to a period terminating on
the return date of the application- as soon as practicable after the order is made to allow
the respondent to be heard - after which the applicant bears onus of satisfying Court
that the order must be renewed or continued.
- order must reserve liberty for respondent to apply on short notice - application by
respondent to vary or discharge the order will be treated as urgent by the Court
- value of assets under order should not exceed the likely max amount under the
applicant's claim, incl. interest and costs
- order should exclude dealings by respondent with assets for legitimate purposes
(payment of ordinary living expenses, reasonable legal expenses, dealings and
dispositions in the ordinary and proper course of business or in discharge of obligations
bons fide incurred under contract entered into before order made)
- court may make ancillary orders - most commonly, order for disclosure of assets
- court may make order before the start of proceedings
- court may make an order in aid of foreign proceedings
- where assets are in Australia, service overseas is permitted
- affidavits relied on in application for a freezing order should address:
1) info about judgment which has been obtained or, if no judgment, the basis of claim for
substantive relief, amount of claim, and if application made without notice to
respondent, applicant's knowledge of any possible defence.
2) nature and value of the respondent's assets in and outside Austr
PD 2 of 2007 - ANS-Search orders - Anton Piller orders
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