Freezing And Search Orders

This book provides a solid, accurate, and helpful practical reference to those seeking interim relief orders, or fighting them, and to show how they can be flexible to protect legal rights and achieve a cost effective practical result in litigation and arbitration. Litigation and any other form of dispute resolution is redundant if the winning party cannot enforce its judgment or award, or cannot hold the position between the parties in the interim before a decision is made. The theory of who should win needs to give way to the practical, but often complicated, task of ensuring that all relevant evidence is before the decision-maker (judge or arbitrator) and that the potential fruits of a favourable decision are not dissipated to leave the winner without financial or practical recourse. This practitioner's guide enables you to protect your client's position in litigation or arbitration, and ensures that success in court is not hampered by destruction of evidence, or does not lead to an expensive hollow victory because no funds or assets are available.

"This book provides an easily accessible, useful statement of the legal principles and practice in relation to freezing and search orders. Primarily addressed to legal practitioners and judges, it will quickly inform those who typically have to deal with applications in this area as a matter of urgency, in pressing circumstances with little time for extensive research. This book has for almost 20 years been the principal guide in Australia in this dramatic and bourgeoning interlocutory field. It is regularly cited by all levels of the court system. Features: restructured and substantially rewritten to make the analyses of cases legislation, rules, practice notes and example forms more readable and more easily assimilated; case law and legislation updated to include changes that have occurred since the publication of the last edition in 2008 including, importantly, a large number in the similar English jurisdiction which are illustrative of the Australian principles and issues; particular regard paid to important appellate authorities concerning developments and refinements of principles since the second edition, including in relation to: freezing orders in aid of the enforcement of a prospective foreign judgment, the power to make a worldwide freezing order extending to assets located abroad, the scope of assets within reach of freezing orders and the unjustifiable dissipation of assets with which the freezing order jurisdiction is concerned, the guiding principles concerning third party freezing orders, as regards search orders the creation in 2022 in England of an example form of stand-alone 'imaging order' as a less intrusive alternative to the traditional search order, a comprehensive discussion of the principles of contempt and other sanctions for disobedience, the privilege against self-incrimination in the context of freezing and search orders particularly under section 128A of the Evidence Act now in force in most Australian jurisdictions."--Publisher.

A comprehensive analysis of the principles and practice relating to Freezing and Search Orders. This authoritative book now in its second edition, analyses the principles and practice relating to Freezing and Search Orders. The second edition incorporates three major developments since publication of the first edition, namely; the adoption of harmonised rules of court and practice notes throughout Australia, a stream of significant cases, and statutory abrogation of the privilege against self-incrimination in the freezing and search order context. Important Features: Authoritative; Comprehensive; Table of Rules of Court, Practice Notes and Legislation & Precedents

This book provides an easily accessible, useful statement of the legal principles and practice in relation to freezing and search orders. Primarily addressed to legal practitioners and judges, it will quickly inform those who typically have to deal with applications in this area as a matter of urgency, in pressing circumstances with little time for extensive research. This book has for almost 20 years been the principal guide in Australia in this dramatic and bourgeoning interlocutory field. It is regularly cited by all levels of the court system. Features * Restructured and substantially rewritten to make the analyses of cases legislation, rules, practice notes and example forms more readable and more easily assimilated. * Case law and legislation updated to include changes that have occurred since the publication of the last edition in 2008 including, importantly, a large number in the similar English jurisdiction which are illustrative of the Australian principles and issues. * Particular regard paid to important appellate authorities concerning developments and refinements of principles since the second edition, including in relation to: * freezing orders in aid of the enforcement of a prospective foreign judgment; * the power to make a worldwide freezing order extending to assets located abroad; * the scope of assets within reach of freezing orders, and the unjustifiable dissipation of assets with which the freezing order jurisdiction is concerned; * the guiding principles concerning third party freezing orders; * as regards search orders, the creation in 2022 in England of an example form of stand-alone 'imaging order' as a less intrusive alternative to the traditional search order; * a comprehensive discussion of the principles of contempt and other sanctions for disobedience; * the privilege against self-incrimination in the context of freezing and search orders, particularly under section 128A of the Evidence Act now in force in most Australian jurisdictions. Related Titles * Tyree, Banking Law in Australia, 10th edition * Covell, Lupton & Parsons, Covell & Lupton Principles of Remedies, 8th edition * Zuckerman, Wilkins, Adamopoulos et al, Zuckerman on Australian Civil Procedure

At once a financial caper, an international adventure, and a passionate plea for justice, Freezing Order is a stirring morality tale about how one man can take on one of the most dangerous and ruthless villains in the world.

A comprehensive analysis of the principles and practice relating to Freezing and Search Orders. This authoritative book now in its second edition, analyses the principles and practice relating to Freezing and Search Orders. The second edition incorporates three major developments since publication of the first edition, namely; the adoption of harmonised rules of court and practice notes throughout Australia, a stream of significant cases, and statutory abrogation of the privilege against self-incrimination in the freezing and search order context. Features * Authoritative * Comprehensive * Table of Rules of Court, Practice Notes and Legislation * Precedents

This new edition considers all of the academic commentary governing the area of equity and trusts - in particular the emerging law of restitution and the raft of new case law over the 1990s. It is suitable both as a sholarly reference and as a resource for students.

This book comprehensively analyses the principles and practices of Mareva Injunctions and Anton Pillar Orders. It explains their applications to third parties against whom no substantive relief is sought and against overseas assets where serious jurisdicictional problems arise, and much more.

This book provides guidance for judicial officer in the conduct of civil proceedings, from preliminary matters to the conduct of final proceedings and the assessment of damages and costs. It contains concise statements of relevant legal principles, references to legislation, sample orders for judicial official to use where suitable and checklists applicable to various kinds of issues that arise in the course of managing and conducting civil litigation.