Clifford Chance
High Court confirms power of Australian courts to grant freezing orders in aid of foreign litigation
22 October 2015
PT Bayan Resources TBK v BCBC Singapore Pte Ltd [2015] HCA 36
The High Court of Australia has confirmed that Australian superior courts have the power to make freezing orders in respect of property in Australia that may be available to meet a foreign judgment which, when delivered, would be registrable under the Foreign Judgments Act 1991 (Cth) (FJA).
In order to obtain a freezing order in these circumstances, it remains necessary to establish that the processes of the Court may be frustrated unless the freezing orders are made, which involves establishing a likelihood that the foreign judgment will be registrable under the FJA.
