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ARTICLE · 06 OCTOBER 2022

What are freezing orders and when to use them?

A freezing order is a court order that the defendant cannot deal with specific assets up to the amount claimed by you.

AustraliaLitigation, Mediation & Arbitration

Freezing orders - a good strategic move in the Plaintiff's arsenal

When you bring proceedings against a Defendant you need to consider the commercial reality of the situation as well as the legal merits of your case. A victory in Court is hollow if the Defendant has hidden or dissipated assets and cannot pay the judgment debt.

One extremely useful tool in a Plaintiff's arsenal is a freezing order. Although they are not granted lightly, when they are granted it is a very effective method of ensuring that the Defendant has sufficient assets to satisfy any judgment amount ordered against it.

What is a freezing order?

It is an order by the Court that the Defendant cannot deal with specific assets up to the amount claimed by you. It prevents the Defendant from moving assets and funds overseas or transferring them to different entities. The purpose is to ensure that any judgment you receive can be satisfied by the Defendant.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. Madgwicks is a member of Meritas, one of the world's largest law firm alliances.

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