Mareva (freezing) order application preparation checklist
A Mareva or freezing order prevents a respondent from dissipating assets to defeat a prospective judgment. The threshold is high: the applicant must show a good arguable case on the merits and a danger of asset dissipation. This checklist covers the preparation required for a successful application.
This is a 12-step checklist for preparing a Mareva (freezing) order application in Australian courts. It covers the threshold requirements, asset identification, ancillary disclosure orders, and the duty of full and frank disclosure.
The checklist
Establish good arguable case
Prepare evidence and submissions establishing a good arguable case on the underlying cause of action — a higher threshold than a serious question to be tried.
Demonstrate risk of dissipation
Adduce evidence of a real risk that the respondent will dissipate or remove assets to defeat a prospective judgment. This must be more than mere assertion.
Identify the respondent's assets
Identify as many of the respondent's assets as possible — real property, bank accounts, shares, vehicles, and any assets held through related entities or trusts.
Prepare the supporting affidavit
Draft a detailed affidavit covering the cause of action, the quantum of the claim, the identified assets, and the evidence of dissipation risk.
Full and frank disclosure
Ensure the affidavit makes full and frank disclosure of all material facts, including any facts unfavourable to the application. Non-disclosure is grounds for discharge.
Draft the proposed freezing orders
Draft the proposed orders using the standard form freezing order in the applicable court's practice note, including the maximum amount, permitted living and legal expenses, and asset disclosure obligations.
Prepare undertaking as to damages
Prepare the applicant's undertaking as to damages and adduce evidence of the applicant's financial capacity to satisfy the undertaking.
Consider ancillary disclosure orders
Consider seeking ancillary orders requiring the respondent to disclose the nature, value, and location of all assets above a specified threshold.
Address third-party notices
Prepare notices to third parties (banks, share registries) who may be affected by the freezing order, and draft proposed Mareva-type notices for service.
Plan for the return date
Prepare for the return date hearing where the respondent may seek to discharge or vary the order. Anticipate likely objections.
Consider worldwide scope
If the respondent has assets overseas, assess whether a worldwide freezing order is appropriate and address enforceability in the relevant foreign jurisdictions.
Service and execution logistics
Arrange for immediate personal service of the order on the respondent and service of third-party notices on all relevant financial institutions.
When this checklist applies
Use when there is a real risk that a judgment debtor or prospective judgment debtor will dissipate assets to avoid paying a judgment.
Common pitfalls
- Insufficient evidence of dissipation risk — mere suspicion is not enough
- Failing to make full and frank disclosure on the ex parte application
- Not using the court's standard form freezing order
- Inadequate undertaking as to damages or inability to prove capacity
- Failing to serve third-party notices on banks promptly after the order is made
Run this checklist on a real matter
Quillio can research freezing order authorities, help identify asset structures from public records, and draft affidavit outlines for dissipation risk. See /practice-areas/litigation or start a free trial.
General freezing order guidance only. The threshold and procedure vary by court and jurisdiction — obtain urgent specialist litigation advice.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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