Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 743

    (1)     This rule applies if—

        (a)     an order has been given in favour of an applicant by—

              (i)     the court; or

              (ii)     for an order to which subrule (2) applies—another court; or

Note     Order is defined in the dictionary to include judgment (see also def made ).

        (b)     for the Supreme Court—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; or

        (c)     for the Magistrates Court—an applicant has started a proceeding in the court and the 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 an order if there is a sufficient prospect that the order will be registered in or enforced by the court.

    (3)     This subrule applies to a cause of action if there is a sufficient prospect that—

        (a)     the other court will make an order in favour of the applicant; and

        (b)     the order will be registered in or enforced by the court.

    (4)     The court may make a freezing order or ancillary order (or both) against an enforcement debtor or prospective enforcement debtor if satisfied, having regard to all the circumstances, that there is a danger that an order or prospective order will be completely or partly unsatisfied because any of the following might happen:

        (a)     the enforcement debtor, prospective enforcement debtor or someone else absconds;

        (b)     the assets of the enforcement debtor, prospective enforcement debtor or someone else are—

              (i)     removed from Australia or from somewhere in or outside Australia; or

              (ii)     disposed of, dealt with or diminished in value.

    (5)     The court may make a freezing order or ancillary order (or both) against someone other than an enforcement debtor or prospective enforcement debtor (a third party ) if satisfied, having regard to all the circumstances, that—

        (a)     there is a danger that an order or prospective order will be completely 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 enforcement debtor or prospective enforcement 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 enforcement debtor or prospective enforcement debtor; or

        (b)     a process in the court, is or may ultimately be, available to the applicant as a result of an order or prospective order, and, under the process, the third party may be obliged to disgorge assets or contribute toward satisfying the order or prospective order.

    (6)     This rule does not affect the court's power to make a freezing order or ancillary order if the court considers it is in the interests of justice to do so.