Litigation & Disputes

Freezing Orders – Misappropriated Funds


Brisbane Lawyers

Aitken Whyte Lawyers Brisbane - Litigation and Dispute Resolution Lawyers And Solicitors for Brisbane, Queensland

Mareva Injunction

A freezing order is another name for a Mareva injunction.

This is an injunction to stop someone dealing with assets (for example, by selling them or moving them offshore) prior to the dispute between the parties being heard.

Rule 260A of the Uniform Civil Procedure Rules 1999 (Qld) includes: “The Court may make on order (a freezing order) for the purpose of preventing the frustration or inhibition of the court’s process by seeking to meet a danger that a judgment or prospective judgment of the court will be wholly or partly unsatisfied.”

In addition to that rule of the UCPR, further ancillary orders can be sought for the respondent to provide information to the applicant.

The Supreme Court of Queensland has an inherent jurisdiction to determine applications for freezing orders. The application may be made ex parte without notice to the respondent.

To successfully obtain a Mareva injunction/freezing order, an applicant must show:

  1. ‘a good arguable case’ which has been held to be a ‘low threshold’ in the context of freezing orders (Curtis v NID Pty Ltd [2010] FCA 1077 ay [6]); and
  2. a danger that by reason of a respondent dealing with their assets in some fashion, the applicant will be unable to have a judgment satisfied (Patterson v BTR Engineering (Australia) Ltd (1989) 19 NSWLR 319 at 321-322).

A prima facie case of fraudulent misappropriation of assets or serious wrongdoing readily supports the inference that the respondent would not preserve their assets (Patterson v BTR Engineering (Australia) Ltd (1989) 19 NSWLR 319 at 321-322).

If someone has taken significant funds from you or your company, you may be able to apply to Court for a freezing order.

The freezing order or Mareva order can prevent the respondent from dealing with their assets, such as selling their property or transferring funds to a third party.

A freezing order can be a very effective tool in litigation when the respondent is accused of serious wrongdoing.

We have experience in these types of applications, for both applicants and respondents.

Here to Help

Proper experience in dealing with urgent Court applications is essential. Aitken Whyte Lawyers are focused on results. Our civil litigation team will advise you on the proper course to take if you are concerned a party may transfer their assets, an application for freezing orders has been brought against you or you require advice in resolving a dispute.

Aitken Whyte Lawyers can assist you with all applications for urgent Court orders.

Office Location and Contact Details

Brisbane
Aitken Whyte Lawyers Brisbane
2/414 Upper Roma Street
Brisbane QLD 4000
Ph: 07 3229 4459
Fax: 07 3211 9311
E: enquiries@awbrisbanelawyers.com.au


Contact

07 3229 4459 Email

Related Articles

Litigation & Disputes

Legal

Law Articles Law Courts