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Civil procedure

CXF Development Pty Ltd v Boill Holding (Aust) Pty Ltd

Richmond J varied consent asset-preservation orders, allowing funds for Green Estate land tax and legal fees, and replacing restraints with a mortgage over Pyrmont.

  • Freezing orders
  • Asset preservation
  • Variation of interlocutory orders
  • Security for judgment
  • Legal fees
  • Trust funds
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Civil procedure

El Assaad v Al Haje (No 2)

El Assaad v Al Haje (No 2) [2025] NSWCA 17

The Court of Appeal varied its earlier orders, entered judgment for Mr Al Haje in the reduced sum of $299,340.95 from 6 June 2024, and ordered him to pay 50% of the appellant’s appeal costs.

  • Indemnity costs
  • Calderbank offers
  • Post-judgment interest
  • Freezing orders
  • Calderbank-offers
  • Indemnity-costs
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Practice and procedure

Zhang v Zhang (No 2)

Zhang v Zhang (No 2) [2025] FCA 98

The Federal Court varied existing freezing orders after finding changed circumstances and ordered payment into court of up to $7,334,167.33, while refusing broader document disclosure.

  • Freezing orders
  • Interlocutory relief
  • Security for payment into court
  • Disclosure orders
  • Freezing-orders
  • Interlocutory-relief
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Practice and procedure

Chu v Lin, in the matter of Gold Stone Capital Pty Ltd (No 9)

Chu v Lin, in the matter of Gold Stone Capital Pty Ltd (No 9) [2025] FCA 79

The Federal Court extended freezing orders over a Vaucluse property until further order and granted leave, if needed, under Bankruptcy Act s 58(3).

  • Freezing orders
  • Bankruptcy act s 58(3)
  • Extension of interlocutory orders
  • Freezing-orders
  • Bankruptcy-act-s58-3
  • Interlocutory-orders
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Equity

CLGC Pty Ltd v Zhang (No 3)

CLGC Pty Ltd v Zhang (No 3) [2025] NSWSC 36

The Supreme Court of NSW sentenced Mr Zhang for criminal contempt after breaches of freezing orders and an undertaking, imposing six months suspended imprisonment with conditions.

  • Contumacious breach of court orders
  • Penalty for contempt
  • Freezing orders
  • Undertaking to the court
  • Sentencing
  • Suspended imprisonment
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Civil procedure

The Owners – Strata Plan No. 102081 v Aqualand Construction Pty Ltd

The Owners – Strata Plan No. 102081 v Aqualand Construction Pty Ltd [2025] NSWSC 31

The Supreme Court of New South Wales granted a freezing order against a developer where unsold units were likely to be sold and proceeds not retained.

  • Freezing orders
  • Interim preservation
  • Danger of assets dissipation
  • Freezing-orders
  • Asset-dissipation
  • Interlocutory-injunctions
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Bankruptcy and insolvency

Costagliola v Autore

Costagliola v Autore [2025] FCA 35

The Federal Court dismissed an application for freezing orders against Nerotua Pty Ltd, finding no good arguable trustee claim under Bankruptcy Act ss 139D or 139E.

  • Freezing orders
  • Third-party mareva orders
  • Trustee's remedies under bankruptcy act
  • Personal services and property vesting
  • Balance of convenience
  • Freezing-orders
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Practice and procedure

Chu v Lin, in the matter of Gold Stone Capital Pty Ltd (No 8)

Chu v Lin, in the matter of Gold Stone Capital Pty Ltd (No 8) [2024] FCA 1520

The Federal Court expanded an existing freezing order over property at Vaucluse, finding the balance of convenience favoured preserving the asset pending further hearing.

  • Freezing orders
  • Balance of convenience
  • Bankruptcy act s 121
  • Construction and property dealings
  • Interlocutory relief
  • Freezing-orders
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Contempt of court

Guoao Holding Group Co Ltd v Xue (Sentencing)

Guoao Holding Group Co Ltd v Xue (Sentencing) [2024] FCA 1503

Sentencing for contempt arising from breaches of freezing orders resulted in a three-month imprisonment term wholly suspended, with indemnity costs ordered.

  • Freezing orders
  • Penalty hearing
  • Suspended sentence
  • Contempt-of-court
  • Freezing-orders
  • Sentencing
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Practice and procedure

TJ & P Pty Ltd as trustee for the Post Family Trust v Agrinova Pty Ltd (No 2)

TJ & P Pty Ltd as trustee for the Post Family Trust v Agrinova Pty Ltd (No 2) [2024] FCA 1496

The Federal Court dismissed an interlocutory application for freezing-type relief, finding no proved risk of asset dissipation and no usual undertaking as to damages.

  • Interlocutory orders
  • Freezing orders
  • Diminution of assets
  • Undertaking as to damages
  • Freezing-orders
  • Interlocutory-applications
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.