Freezing orders and asset recovery in Australia for international claimants

Australian courts can freeze assets in Australia before judgment, including in support of foreign proceedings. The applicant must show a good arguable case and a real danger that assets will be moved or dissipated. Orders are usually obtained without notice, backed by an undertaking as to damages, and paired with asset disclosure orders.

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Key points

A freezing order (still often called a Mareva order) stops a person removing assets from Australia, or disposing of or charging them.
The Federal Court and the Supreme Court of Queensland apply harmonised rules: Federal Court Rules 2011 (Cth) Division 7.4 and UCPR (Qld) chapter 8, part 2, division 2.
Orders are available for foreign judgments, and prospective foreign judgments, likely to be enforced in Australia.
Ancillary orders compel a respondent, bank or other third party to disclose assets on affidavit.
Liquidators can examine people on oath about a company’s affairs under s 596B of the Corporations Act 2001 (Cth).

General guidance only – not legal advice. Please obtain independent legal advice before relying on any of this information. The law is stated as at October 2026.

What is a freezing order in Australia?

A freezing order restrains a person from removing an asset from Australia, or from disposing of or charging it (Federal Court Rules, rule 7.32). The Queensland equivalent is UCPR rule 260A.

Its purpose is to prevent the frustration or abuse of the court’s process.

The order usually freezes assets up to the value of the claim, with exceptions for ordinary living expenses, reasonable legal costs and ordinary business dealings.

An ancillary order (rule 7.33) usually requires the respondent to disclose its assets on affidavit, in Australia and, often, worldwide. For an overseas claimant, that disclosure is often the most valuable relief.

When will an Australian court grant a freezing order?

The test is in rule 7.35 and UCPR rule 260D. The applicant must have a judgment, or a good arguable case on an accrued or prospective cause of action.

The court must also find a danger that the judgment will be wholly or partly unsatisfied. The danger must be that the respondent absconds, or that assets are removed from Australia, disposed of, dealt with or diminished in value. Bare assertion is not enough: Patterson v BTR Engineering (Aust) Ltd (1989) 18 NSWLR 319.

Ex parte applications. Orders are almost always sought without notice. The applicant must make full and frank disclosure of all material facts, including possible defences.

Undertaking as to damages. The applicant must undertake to compensate the respondent, and any affected third party, if the order should not have been made. An overseas applicant without Australian assets may have to provide security.

Third parties. Rule 7.35(5) and Cardile v LED Builders Pty Ltd [1999] HCA 18 allow orders against non-debtors. A company, trustee or spouse who holds or controls the debtor’s assets, or may have to disgorge them later, can be bound.

Can you get a freezing order in Australia to support foreign proceedings?

Yes. Rule 7.35(1) extends to a judgment of another court, and to a cause of action justiciable in another court. There must be a sufficient prospect that the judgment will be registered or enforced in the Australian court. For pending foreign proceedings, the foreign court must also be likely to find for the applicant.

The High Court confirmed the position in PT Bayan Resources TBK v BCBC Singapore Pte Ltd [2015] HCA 36. The Court held that a Supreme Court has inherent power to protect a prospective registration under the Foreign Judgments Act 1991 (Cth).

Applications can be served outside Australia (rule 7.37). Once judgment is given, see enforcing foreign judgments in Australia.

How can you find and recover assets hidden in Australia?

Search (Anton Piller) orders. Under rules 7.42 and 7.43, and UCPR rules 261A and 261B, the court can permit entry to premises to secure evidence. The applicant needs a strong prima facie case, serious potential loss, and evidence that the respondent may destroy important material.

Public examinations. Liquidators, administrators and ASIC are “eligible applicants”. Under s 596B, the court may summon anyone able to give information about the company’s examinable affairs and require production of books (s 596D). The purpose must be connected with the winding up: Walton v ACN 004 410 833 Ltd [2022] HCA 3.

Preliminary discovery. Rule 7.22 allows an order to identify a prospective respondent, the Australian equivalent of a Norwich Pharmacal order against a bank or intermediary. Rule 7.23 allows discovery to decide whether to sue.

Searches. ASIC records show officers and shareholders. The Personal Property Securities Register (PPSR) shows security interests over personal property. Queensland Titles Registry searches identify land and mortgages.

Companies and trusts. Assets are often held through a private company or discretionary trust. Freezing and disclosure orders can reach the controller and trustee. Liquidator claims and fiduciary duty claims can bring assets back.

What should you do if a debtor is moving assets out of Australia?

Do not alert the debtor. A demand letter can trigger the very transfer you want to stop.
Instruct Australian lawyers early. Affidavits and a draft order take days, not weeks.
Be ready to give the undertaking as to damages and, if required, security.
Plan enforcement: Australian proceedings, registration of a foreign judgment, or a winding-up application.

How Taylor David can help

We act for overseas creditors, funds, insolvency practitioners and individuals with claims in Australia. Taylor David advises only on Australian law and Australian-based matters. We can:

assess the merits and prepare the without-notice application
obtain disclosure orders, including against banks, trustees and related companies
apply for search orders, public examinations and preliminary discovery
trace assets and enforce foreign judgments in Queensland and the Federal Court.

This work sits within our litigation and insolvency practices.

Frequently asked questions

Questions we are often asked

Can an overseas company get a freezing order in Australia before it has a judgment?

Yes. The applicant must have a good arguable case and show a danger that assets will be removed or dissipated. For a claim being heard abroad, the court must also see a sufficient prospect of a foreign judgment that can be enforced in Australia. Evidence of both is needed at the first, without-notice hearing.

How quickly can a freezing order be obtained?

Often within days of instructions, and in urgent cases faster. Applications are made without notice, so the respondent does not learn of the order until it is served. The court then lists a return date, usually within a day or two, at which the respondent can oppose the order continuing.

What is the undertaking as to damages?

It is the applicant’s promise to the court to compensate the respondent, and any affected third party, for loss caused by the order. It applies if the order turns out to have been wrongly made. Without it the court will not grant the order. An applicant without assets in Australia may be asked to lodge security.

Can a freezing order reach assets held by a trust or a family member?

Often, yes. Rule 7.35(5) permits orders against a third party who holds, controls or influences the debtor’s assets. It also covers a third party who may have to disgorge assets under a later court process. That can include a trustee company, a spouse or a related entity. The applicant’s undertaking as to damages extends to any loss the third party suffers.

How do liquidators find assets in Australia?

A liquidator is an eligible applicant for public examinations under s 596B. The court can summon officers, advisers, bankers and others to answer questions on oath and produce books. With ASIC, PPSR and title searches, and freezing and disclosure orders, examinations are the main way of locating assets moved out of the company.

General guidance only – not legal advice. Please obtain independent legal advice before relying on any of this information. The law is stated as at October 2026.

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To discuss your situation in confidence, call Scott D. Taylor on +61 7 3229 9800, email [email protected] or send us an enquiry online.

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