Freezing and Search Orders, 3rd Edition
A comprehensive, authoritative and practical guide to freezing and search orders in Australia
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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.
• 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.
• 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
Table of contents
- Chapter 1
- The Law’s Nuclear Weapons: Ignition and Trajectory
- Chapter 2
- Freezing Orders
- Chapter 3
- Ancillary Orders
- Chapter 4
- Third Parties
- Chapter 5
- Transnational Freezing Orders
- Chapter 6
- Search Orders
- Chapter 7
- Sanctions for Disobedience
- Appendix A
- Table of freezing and search orders rules, practice notes and example forms Australia, New Zealand and United Kingdom
- Appendix B
- Federal Court of Australia freezing orders rules, practice note and example form
- Appendix C
- Federal Court of Australia search orders rules, practice note and example form
- Appendix D
- United Kingdom practice direction freezing and search orders and example forms