The court's jurisdiction for a freezing order

The first step is to determine which court you will proceed in. For instance if the application for a freezing order will be made in the Federal Court then reliance can potentially be placed on section 23 of the Federal Court of Australia Act 1976 (Cth).

Alternatively, if the application will be made in the Supreme Court of New South Wales then consider section 23 of the Supreme Court act 1970 (NSW).

The courts rules may set out specific requirements such as those in UCPR 25 and Practice Note SC Gen 14.

Generally, the jurisdiction is engaged when there is a danger that the court's processes will be defeated.

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