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

### 937E Order against judgment debtor or prospective judgment debtor or third party > [*\[Rule 937E of Part 36 Inserted by S.R. 2006, No. 72, Applied:19 Jul 2006\]*](/view/html/inforce/2006-07-19/sr-2006-072#GS5@EN) > > > (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)](#GS937E@Gs2@EN) 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)](#GS937E@Gs3@EN) 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. > > > (5)  The Court or a judge may make a freezing order or an ancillary order, or both, against a person other than a judgment debtor or prospective judgment debtor (a "**third party**") if the Court or judge is satisfied, having regard to all the circumstances, that – > > > > > > (a) there is a danger that a judgment or prospective judgment will be wholly or partly unsatisfied because – > > > > > > > > > > (i) the third party holds or is using, or has exercised or is exercising, a power of disposition over assets (including claims and expectancies) of the judgment debtor or prospective judgment debtor; or > > > > > > > > > > > (ii) the third party is in possession of, or in a position of control or influence concerning, assets (including claims and expectancies) of the judgment debtor or prospective judgment debtor; or > > > > > > > (b) a process in the Court is or may ultimately be available to the applicant as a result of a judgment or prospective judgment, under which process the third party may be obliged to disgorge assets or contribute toward satisfying the judgment or prospective judgment. > > > (6)  Nothing in this rule affects the power of the Court or a judge to make a freezing order or an ancillary order if the Court or judge considers it is in the interests of justice to do so.