Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:35:p9
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 35 (pt 9/12)
Character Range: 105271–107972

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:
 (a) there is a danger that a judgment or prospective judgment will be wholly or partly unsatisfied because:
 (i) the third party holds or is using, or has exercised or is exercising, a power of disposition over assets (including claims and expectancies) of the judgment debtor or prospective judgment debtor; or
 (ii) the third party is in possession of, or in a position of control or influence concerning, assets (including claims and expectancies) of the judgment debtor or prospective judgment debtor; or
 (b) a process in the Court is or may ultimately be available to the applicant as a result of a judgment or prospective judgment, under which process the third party may be obliged to disgorge assets or contribute toward satisfying the judgment or prospective judgment.
 (6) Nothing in this rule affects the power of the Court to make a freezing order or ancillary order if the Court considers it is in the interests of justice to do so.

7.36  Jurisdiction
  Nothing in this Division diminishes the inherent, implied or statutory jurisdiction of the Court to make a freezing order or ancillary order.

7.37  Service outside Australia of application for freezing order or ancillary order
  An application for a freezing order or an ancillary order may be served on a person who is outside Australia (whether or not the person is domiciled or resident in Australia) if any of the assets to which the order relates are within the jurisdiction of the Court.

7.38  Costs
 (1) The Court may make any order as to costs as it considers appropriate in relation to an order made under this Division.
 (2) Without limiting the generality of subrule (1), an order as to costs includes an order as to the costs of any person affected by a freezing order or ancillary order.
Rules 7.39–7.40 left blank

Division 7.5—Search orders
Note: This Division contains rules that have been harmonised in accordance with the advice of the Council of Chief Justices' Rules Harmonisation Committee.

7.41  Definitions for Division 7.5
  In this Division:
applicant means an applicant for a search order.
described includes described generally whether by reference to a class or otherwise.
premises includes a vehicle or vessel of any kind.
respondent means a person against whom a search order is sought or made.
search order has the meaning given by rule 7.42.

7.42  Search order
  The Court may make an order (a search order), in any proceeding or in anticipation of any proceeding