Freezing Australian assets as security for foreign proceedings

The business of transport, shipping and logistics is global, meaning that liability, loss and damage can arise anywhere in the world. Enforcement of claims however, is a different story. A judgment or award is only worthwhile if it is obtained or can be enforced in a jurisdiction in which a respondent has assets.

Australia is a largely favourable jurisdiction for the enforcement of foreign claims:

• Australia has a well-established judicial system, including a specialist Admiralty and Maritime division within the Federal Court of Australia and specialist lists within many of the State Supreme Courts
• Australia is a very pro-arbitration jurisdiction

meaning that the ultimate enforcement of claims against businesses or assets within Australia is typically reliable and straight-forward.