A freezing order prohibits a respondent from disposing of, dealing with, or diminishing the value of their assets — or specified assets — until further order. Where there is a real risk that a defendant will dissipate assets before a judgment can be enforced, a freezing order preserves those assets and protects the ability to recover what is owed.

Formerly known as a Mareva injunction — after Mareva Compania Naviera SA v International Bulkcarriers SA [1975] — freezing orders are now codified under Rule 7.35 to 7.42 of the Federal Court Rules 2011 (Cth) and Rule 260A of the Uniform Civil Procedure Rules 1999 (Qld). EAGLEGATE advises on urgent freezing order applications before the Federal Court and the Supreme Court of Queensland.

Assets moved out of reach may never come back. The time to act is before they move.

Key Freezing Order Expertise — Preserve Assets. Protect Recovery.

EAGLEGATE acts across every stage of freezing order proceedings.

Pre-Judgment Freezing Orders

A freezing order can be obtained before judgment is entered to prevent a defendant from dissipating assets while proceedings are on foot. The applicant must establish a good arguable case on the underlying claim and a real risk of asset dissipation. An undertaking as to damages is required.

Post-Judgment Freezing Orders

A freezing order can also be obtained after judgment to prevent a judgment debtor from defeating enforcement. Post-judgment relief is available as of right where a judgment has been obtained and the risk of dissipation is established.

Ex-Parte Applications — Without Notice

Freezing orders are regularly obtained without notice where prior warning would prompt immediate asset transfer. Full and frank disclosure of all relevant matters is required on ex-parte applications. An undertaking as to damages is required. The order is served promptly after being made.

Domestic and Worldwide Freezing Orders

A domestic freezing order restrains dealings with assets in Australia. Where there is a risk that assets will be moved offshore, a worldwide freezing order can be sought: it operates against the respondent personally, restraining them from dealing with their assets wherever located, rather than binding the overseas assets directly. Standard orders include carve-outs for ordinary living expenses, legal costs, and expenditure in the ordinary course of business.

Asset Disclosure Orders

A freezing order is commonly combined with an order requiring the respondent to disclose the nature, value and location of their assets. This allows the applicant to identify what assets exist and where they are held, enabling targeted enforcement once judgment is obtained.

Third Party Freezing Orders

Where assets have been transferred to a third party to place them beyond reach, a freezing order can in appropriate circumstances be directed at that third party. The conditions for third party relief are demanding and require evidence that the third party received assets with relevant knowledge.

1. Assess the Risk of Dissipation

We assess the evidence that a real risk of dissipation exists — unusual financial transactions, offshore transfers, or conduct suggesting awareness of impending proceedings. Suspicion alone is not sufficient; credible evidence is required.

2. Apply Urgently

We prepare the application materials and present the application to court — including ex-parte and after-hours applications — as quickly as the circumstances require.

3. Enforce

We advise on asset disclosure, monitor compliance, and take enforcement steps — including contempt proceedings — where the respondent fails to comply.

4. Integrate With the Broader Proceedings

A freezing order is most valuable when it is integrated into a coherent recovery strategy. We use the preserved assets to ensure that a favourable judgment translates into actual recovery.