Commonwealth Numbered Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 5.23

             (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.