Victorian Numbered Regulations

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Freezing order

    (1)     The Court may make an order (a freezing order ), upon or without notice to the respondent, for the purpose of preventing the frustration or inhibition of the Court's process by seeking to meet a danger that a judgment or prospective judgment of the Court will be wholly or partly unsatisfied.

    (2)     A freezing order may be an order restraining a respondent from removing any assets located in or outside Australia or from disposing of, dealing with, or diminishing the value of, those assets.

    (3)     A freezing order may be in Form 37AA.

    (4)     In making a freezing order or an ancillary order, the Court shall have regard to the practice note concerning freezing orders.

    (5)     The affidavits relied on in support of an application for a freezing order or an ancillary order shall, as far as possible, address the following—

        (a)     information about the judgment that has been obtained, or if no judgment has been obtained, the following information about the cause of action—

              (i)     the basis of the claim for substantive relief;

              (ii)     the amount of the claim; and

              (iii)     if the application is made without notice to the respondent, the applicant's knowledge of any possible defence;

        (b)     the nature and value of the respondent's assets, so far as they are known to the applicant, within and outside Australia;

        (c)     the matters referred to in Rule 37A.05; and

        (d)     the identity of any person, other than the respondent, who the applicant believes may be affected by the freezing order and how that person may be affected by it.

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