Practice Directions - QLD Bar Exam passed 100%

PD 1 of 2007 - 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