Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:35:p8
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 35 (pt 8/12)
Character Range: 102821–105502

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.
Note: Without notice is defined in the Dictionary.

7.33  Ancillary order
 (1) The Court may make an order (an ancillary order) ancillary to a freezing order or prospective freezing order as the Court considers appropriate.
 (2) Without limiting the generality of subrule (1), an ancillary order may be made for either or both of the following purposes:
 (a) eliciting information relating to assets relevant to the freezing order or prospective freezing order;
 (b) determining whether the freezing order should be made.

7.34  Order may be against person not a party to proceeding
  The Court may make a freezing order or an ancillary order against a person even if the person is not a party in a proceeding in which substantive relief is sought against the respondent.

7.35  Order against judgment debtor or prospective judgment debtor or third party
 (1) This rule applies if:
 (a) judgment has been given in favour of an applicant by:
 (i) the Court; or
 (ii) for a judgment to which subrule (2) applies—another court; or
 (b) an applicant has a good arguable case on an accrued or prospective cause of action that is justiciable in:
 (i) the Court; or
 (ii) for a cause of action to which subrule (3) applies—another court.
 (2) This subrule applies to a judgment if there is a sufficient prospect that the judgment will be registered in or enforced by the Court.
 (3) This subrule applies to a cause of action if:
 (a) there is a sufficient prospect that the other court will give judgment in favour of the applicant; and
 (b) there is a sufficient prospect that the judgment will be registered in or enforced by the Court.
 (4) The Court may make a freezing order or an ancillary order or both against a judgment debtor or prospective judgment debtor if the Court is satisfied, having regard to all the circumstances, that there is a danger that a judgment or prospective judgment will be wholly or partly unsatisfied because any of the following might occur:
 (a) the judgment debtor, prospective judgment debtor or another person absconds;
 (b) the assets of the judgment debtor, prospective judgment debtor or another person are:
 (i) removed from Australia or from a place inside or outside Australia; or
 (ii) disposed of, dealt with or diminished in value.
 (5) The Court may make a freezing order or an ancillary order or both against a person other than a judgment debtor or prospective judgment debtor (a third party) if the Court is satisfied, having regard to all the circumstances, that: