Freezing Orders

Freezing Order Lawyer Sydney: Stop Assets Disappearing

A freezing order (also called a Mareva order or asset preservation order) is an urgent court order that stops a person or company from moving, selling or dissipating their assets so that a judgment against them is not rendered worthless. A freezing order lawyer can apply for one quickly, often without notice to the other side, in the Supreme Court of NSW.

Reviewed by Sam Saadat, Principal Lawyer, Invictus Legal. Last reviewed: 7 October 2026

If you believe a debtor, former business partner or fraudster is about to empty bank accounts, transfer property or move money offshore, timing is everything. Invictus Legal's principal, Sam Saadat, has obtained freezing (Mareva) orders and search (Anton Piller) orders, and we can prepare an application at short notice.

What is a freezing order?

A freezing order is an order made to prevent the frustration or inhibition of the court's process by meeting a danger that a judgment will be wholly or partly unsatisfied.

Under the Uniform Civil Procedure Rules 2005 (NSW) r 25.11, it may restrain a respondent from removing assets located in or outside Australia, or from disposing of, dealing with or diminishing the value of those assets. It can be made with or without notice to the respondent. Importantly, a freezing order is not security for your claim; it preserves assets so the court's eventual judgment can be enforced.

What are the NSW rules for freezing orders?

Freezing orders are governed by Division 2 of Part 25 of the Uniform Civil Procedure Rules 2005 (NSW), rules 25.10 to 25.17, supplemented by Supreme Court Practice Note SC Gen 14 – Freezing Orders.

• r 25.11: the power to make a freezing order

• r 25.12: ancillary orders, including orders to obtain information about assets

• r 25.13: orders against a respondent who is not a party to the main claim

• r 25.14: what the applicant must show

• r 25.15: the court's inherent and statutory jurisdiction is preserved

Practice Note SC Gen 14 commenced on 1 July 2010, applies in the Court of Appeal and the Common Law and Equity Divisions, and includes an example form of order that courts routinely use.

What do I have to prove to get a freezing order?

You must show a good arguable case on an accrued or prospective cause of action (or that you already hold a judgment), and a danger that the judgment will go wholly or partly unsatisfied.

Under r 25.14, the court must be satisfied, having regard to all the circumstances, that there is a danger that a judgment or prospective judgment will be unsatisfied because the respondent or another person might abscond, or because assets might be removed from Australia or from a place inside or outside Australia, or be disposed of, dealt with or diminished in value. Evidence of this danger is critical: past conduct, sudden asset transfers, offshore links and attempts to avoid contact can all be relevant. A freezing order can also be made against a third party who holds or controls assets in some circumstances.

What are ancillary disclosure orders?

Ancillary orders are orders made alongside a freezing order, most commonly requiring the respondent to disclose their assets on affidavit.

Rule 25.12 allows ancillary orders for the purpose of eliciting information about relevant assets or determining whether a freezing order should be made. The example order in Practice Note SC Gen 14 requires the respondent to swear an affidavit about their assets within a set time. This information lets you identify, and police, what has been frozen.

What undertakings will I have to give?

The court will normally require the usual undertaking as to damages, and may require security if you lack sufficient assets in the jurisdiction to support it.

The undertaking is a promise to compensate anyone affected if the order should not have been made (Uniform Civil Procedure Rules 2005 (NSW) r 25.8). Under the example form in SC Gen 14, the applicant also undertakes to pay the reasonable costs incurred by third parties, such as banks, as a result of the order. The respondent is usually allowed to pay ordinary living expenses and reasonable legal expenses. As an ex parte applicant you must also make full and frank disclosure of all material facts to the court.

What is a search order (Anton Piller order)?

A search order requires a respondent to allow your representatives to enter premises to secure and preserve evidence that might otherwise be destroyed.

Search orders are governed by Division 3 of Part 25 of the UCPR and Practice Note SC Gen 13 – Search Orders. Under r 25.20 the applicant must show a strong prima facie case on an accrued cause of action, that the potential or actual loss will be serious if the order is not made, and sufficient evidence that the respondent possesses important evidentiary material and there is a real possibility it might be destroyed or made unavailable. The rules provide for independent solicitors to supervise the search (r 25.23).

How fast can a freezing order be obtained?

Very fast: freezing orders are often made the same day, without notice, with a return date usually no more than a day or two later.

Practice Note SC Gen 14 states that an ex parte freezing order should be limited to the return day, which should be as early as practicable. In an urgent case, a freezing or search order can be sought even before proceedings are commenced (Uniform Civil Procedure Rules 2005 (NSW) r 25.2). Delay can suggest there is no real urgency, so call us the moment you suspect assets are at risk.

What does it cost?

Cost depends on the urgency, the volume of evidence needed to show a danger of dissipation, the number of banks and third parties to be served, whether counsel is briefed and whether the order is contested on the return date. Fees for commercial matters are determined by the scope of work involved, and we issue a costs agreement before we commence any work, so you have full transparency from the start. For the wider dispute see our commercial litigation and urgent injunctions pages.

Frequently asked questions

What is the difference between a freezing order and a Mareva order?

There is no difference: a freezing order is the modern name for a Mareva order, and the Supreme Court also calls it an asset preservation order. In NSW they are governed by Part 25 Division 2 of the Uniform Civil Procedure Rules 2005 and Practice Note SC Gen 14.

What must I prove to get a freezing order in NSW?

You must have a judgment or a good arguable case on an accrued or prospective cause of action, and the court must be satisfied there is a danger that a judgment will be wholly or partly unsatisfied because the respondent might abscond or assets might be removed, disposed of, dealt with or diminished in value (UCPR r 25.14).

Can the person whose assets are frozen still pay their living expenses?

Usually yes. The example freezing order in Practice Note SC Gen 14 permits the respondent to pay ordinary living expenses and reasonable legal expenses. The precise limits are set by the terms of each order.

Is a freezing order a form of security for my debt?

No. Practice Note SC Gen 14 states that the purpose of a freezing order is to prevent frustration or abuse of the court's process, not to provide security for a judgment. It preserves assets so a judgment can be enforced, but it does not give you priority over other creditors.

When is a search order (Anton Piller order) available?

Under UCPR r 25.20 the applicant must show a strong prima facie case on an accrued cause of action, serious potential or actual loss if the order is not made, and sufficient evidence that the respondent holds important evidence and there is a real possibility it might be destroyed or made unavailable. Practice Note SC Gen 13 governs the procedure.

Why choose Invictus Legal as your freezing order lawyer?

We combine an experienced Sydney litigator with the ability to move within hours, and we give you a candid view of your evidence and your undertaking exposure before you commit. We appear in the Supreme Court of NSW and in courts across Sydney and NSW.

For a freezing order or search order call 0410 600 230 now. Otherwise call 02 8553 0500 or book online.

This page is general information only and is not legal advice. Contact Invictus Legal to discuss your situation.