PRACTICE AND PROCEDURE – application to discharge freezing orders – whether balance of convenience favours the continuation of the orders – where orders served on banks – where respondents’ bank accounts frozen – where, if the orders were permitted to remain, companies would be wound up and the second respondent would be personally bankrupted – freezing orders discharged upon the respondents undertaking to the applicant and the Court that they will not dispose of or deal with any assets except for the purposes of paying their ordinary living expenses, legal expenses and business expenses, or otherwise with the consent of the plaintiff in writing
PRACTICE AND PROCEDURE – observations on the frequency of applications to vary freezing orders because of difficulties in operating bank accounts – suggested that the onus be on the party seeking a freezing order to justify any proposal to give notice of the order to a bank or financial institution which is not itself a party to the order
Related cases on freezing orders
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Deputy Commissioner of Taxation v Hartley [2025] FCA 322
PRACTICE AND PROCEDURE – ex parte application for freezing orders and ancillary orders – whether there is a good arguable case for final relief on prospective cause of action for tax related liabilities – whether there is a degree of danger or risk that any judgment obtained will not be met due to dissipation of…
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Gattani v Digital Edge Technologies Pty Ltd (in administration) [2025] FCA 199 (17 March 2025)
PRACTICE AND PROCEDURE – application by the plaintiff for freezing and ancillary orders concerning the assets of the second defendant and third parties – plaintiff contends that the second defendant: (1) wrongly failed to transfer to the plaintiff the issued shares in the first defendant; (2) diverted funds belonging to the first defendant to the…
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Elzain v Deputy Commissioner of Taxation [2024] FCA 873
PRACTICE AND PROCEDURE – application for leave to appeal – suppression and non-publication orders – where the Deputy Commissioner of Taxation applied on an ex parte basis for freezing orders – where the Deputy Commissioner of Taxation relied on a large volume of material in support of the application – where the applicants applied for…
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca1398
For more information, see the original judgement.
