(1) A party may apply for a Mareva 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 must file with the application an affidavit that includes:

(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; and

(ii)

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; and

(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.

Note
For the procedure for making an application in a case, see Chapter 5.