What is a Freezing Order in Western Australia?

A freezing order, also known as a “Mareva Injunction”, is a court-ordered measure that freezes a person’s assets, meaning that the person is not allowed to dispose of or deal with the assets in any way without the court’s permission. Freezing orders are typically used in civil litigation to prevent a defendant from disposing of assets that may be subject to a judgment or order in favour of the plaintiff.

In Western Australia, the State Supreme court has the power to grant freezing orders under the Supreme Court Act 1935 (WA) and the Civil Proceedings Act 2005 (WA), but they are also available under common law.

A freezing order can be sought by a person who has a claim against another person and is concerned that the other person may dispose of assets that would be needed to satisfy any judgment or order in their favour. A freezing order can be sought against a defendant, a judgment debtor or any other person who holds assets that may be subject to a judgment or order.

The court will consider several factors before granting a freezing order such as the risk of dissipation of assets, the strength of the claim, the balance of convenience and the impact on the defendant’s rights and interest.

A freezing order can have significant consequences for the person against whom it is made, so it is important to seek legal advice from a lawyer with experience in this area of law before applying for a freezing order or responding to one.

What are the steps involved in Freezing Orders in Western Australia?

The steps involved in obtaining a freezing order in Western Australia can vary depending on the specific circumstances of the case, but generally, the process involves the following steps:

1. Preparation of legal documents: A person seeking a freezing order will need to prepare legal documents such as an application and an affidavit, outlining the reasons why the order is sought and the evidence supporting the application.
2. Filing the application: The person seeking the freezing order will need to file the application and the supporting documents with the court.
3. Notice of the application: The person against whom the freezing order is sought must be given notice of the application and given an opportunity to respond.
4. Hearing of the application: The court will hold a hearing to consider the application and any responses. The court will take into account factors such as the risk of dissipation of assets, the strength of the claim, the balance of convenience, and the impact on the defendant’s rights and interest.
5. Decision of the court: The court will decide whether to grant the freezing order and, if so, the terms and conditions of the order.
6. Service of the order: Once the order is granted, it must be served on the person against whom the order is made.
7. Compliance with the order: The person against whom the order is made must comply with the terms and conditions of the order. Failure to comply with the order can result in enforcement action being taken by the court.

It is important to note that the process of obtaining a freezing order is complex and can be time-consuming, it is advisable to seek legal advice from a lawyer with experience in this area of law before applying for a freezing order or responding to one.

How can a Freezing Orders lawyer help?

A lawyer who specializes in Freezing Orders can help in several ways. These may include:

1. Advising clients on the legal requirements for obtaining a freezing order, including the types of assets that can be frozen, the standard of proof required, and the process for applying to the court.
2. Drafting and submitting the necessary legal documents, such as the application for a freezing order and any supporting evidence, to the court.
3. Representing clients in court proceedings, including arguing the case for or against a freezing order, responding to any objections raised by the other party, and making any necessary submissions to the court.
4. Advising clients on the implications of a freezing order, including the rights and obligations of the parties affected by the order, and the potential consequences of non-compliance.
5. Advising clients on the process for varying or discharge a freezing order, including the grounds for doing so, and the legal requirements for doing so.
6. Helping clients to develop and implement strategies for managing their assets during the period of the freezing order, such as identifying and protecting essential assets, and negotiating with other parties to resolve disputes or reach settlements.
7. Representing clients in any related legal proceedings, such as disputes over the ownership of assets or disputes with creditors and helping them to navigate the legal process.

The lawyers at Rebus Legal can provide advice and act for you in these matters. Call our 1800 732 875 number and take advantage of a free 15-minute consultation.