937EOrder against judgment debtor or prospective judgment debtor or third party

937E Order against judgment debtor or prospective judgment debtor or third party

[Rule 937E of Part 36 Inserted by S.R. 2006, No. 72, Applied:19 Jul 2006]

(1)  This rule applies if –

(a) judgment has been given in favour of an applicant by –

(i) the Court; or

(ii) in the case of a judgment to which subrule (2) applies, another court; or

(b) an applicant has a good arguable case on an accrued or prospective cause of action that is justiciable –

(i) in the Court or by a judge; or

(ii) in the case of a cause of action to which subrule (3) applies, in another court.

(2)  This rule applies to a judgment if there is a sufficient prospect that the judgment will be registered in or enforced by the Court.

(3)  This rule applies to a cause of action if –

(a) there is a sufficient prospect that the other court will give judgment in favour of the applicant; and

(b) there is a sufficient prospect that the judgment will be registered in or enforced by the Court.

(4)  The Court or a judge may make a freezing order or an ancillary order, or both, against a judgment debtor or prospective judgment debtor if the Court or judge is satisfied, having regard to all the circumstances, that there is a danger that a judgment or prospective judgment will be wholly or partly unsatisfied because any of the following might occur:

(a) the judgment debtor, prospective judgment debtor or another person absconds;

(b) the assets of the judgment debtor, prospective judgment debtor or another person are –

(i) removed from Australia or from a place inside or outside Australia; or

(ii) disposed of, dealt with or diminished in value.