Avoiding contempt of court for breach of freezing orders: it’s a matter of trust

When we are not writing about things which we think are worth knowing here on the “Worth Knowing” section of this website, we can sometimes be found writing about things which we think are worth knowing in other publications.

This month, Angus has an article in the Law Society of NSW Journal on a recent case which considered the circumstances in which solicitors, as well as their clients, can be liable for contempt of court in circumstances where freezing orders are breached. The cases provides important lessons for solicitors in framing, and complying with, freezing orders.

Although the case concerned statutory freezing orders obtained by ASIC,  the lessons from the case are just as relevant to freezing orders sought in litigation between commercial parties.  Freezing orders are increasingly common in litigation (one judge of the NSW Supreme Court has described them as being available “almost for the asking” in cases where an employee or agent has misappropriated money) so the question of when it is appropriate to apply to have parties (and their lawyers) punished for contempt if the orders are breached is an important question.

You can download the article as a PDF by clicking here or you can view the whole September edition of the Law Society Journal by clicking here

For more on our litigation and dispute resolution capabilities, contact Dennis Vuaran or Angus Macinnis or Grace Hur

If you would like to get “Worth knowing” articles sent to you by email when we publish them, you can now sign up to our mailing list here

September 3
Litigation and dispute resolution SVL in the community