Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p27
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 27/100)
Character Range: 182906–185589

a different independent lawyer or lawyers to supervise execution of the order at other premises, with each independent lawyer having power to do any other acts or things in relation to the order that the court considers appropriate.

5.22  Costs
 (1) The court may make any order for costs that it considers appropriate in relation to an order made under this Division.
 (2) Without limiting subrule (1), an order for costs includes:
 (a) an order for the costs of any person affected by a search order; and
 (b) an order for the costs of any independent lawyer.

Division 5.4.3—Freezing orders

5.23  Application for freezing order
 (1) A party may apply for an order (in this Division called a freezing order) restraining another person from removing property from Australia, or dealing with property in or outside Australia, if:
 (a) the order will be incidental to an existing or prospective order made in favour of the applicant; or
 (b) the applicant has an existing or prospective claim that is able to be decided in Australia.
 (2) The applicant may apply for a freezing order without notice to the respondent.
 (3) An application for a freezing order must be supported by an affidavit that includes the following:
 (a) a description of the nature and value of the respondent's property, so far as it is known to the applicant, in and outside Australia;
 (b) the reason why the applicant believes:
 (i) property of the respondent may be removed from Australia or may be dealt with in or outside Australia; and
 (ii) removing or dealing with the property should be restrained by order;
 (c) a statement about the damage the applicant is likely to suffer if the order is not made;
 (d) a statement about the identity of anyone, other than the respondent, who may be affected by the order and how the person may be affected;
 (e) if the application is made under paragraph (1)(b)—the following information about the claim:
 (i) the basis of the claim;
 (ii) the amount of the claim;
 (iii) if the application is made without notice to the respondent—a possible response to the claim.

5.24  Ancillary orders
 (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 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.

5.25  Order may be against a person not a party to proceeding
  The court may make a freezing order, or an ancillary order under rule 5.24,