What type of orders are commonly referred to as "Mareva Orders"?

Study for the Queensland Bar Exam. Prepare with flashcards and multiple-choice questions, each featuring hints and detailed explanations. Get ready for success!

Mareva Orders, also known as freezing orders, are used to prevent a defendant from dissipating assets to ensure that they remain available for the enforcement of a judgment. These types of orders are critical in scenarios where there is a concern that the defendant may try to hide or remove their assets from the reach of the court, especially when a claimant anticipates that they will be successful in their legal action. The primary purpose of a Mareva Order is to maintain the status quo regarding the defendant's assets before the conclusion of the legal proceedings.

In the context of litigation, the court assesses the merits of granting a Mareva Order based on factors such as the likelihood of success of the plaintiff's claim, the risk of asset dissipation, and the necessity of preventing the defendant from dealing with those assets during the proceedings. This ensures that, should the plaintiff win their case, the awarded sum can realistically be recovered.

In contrast, search orders are designed to allow a party to search for and seize evidence related to a case, while injunction orders are used to compel or prevent a party from doing specific acts. Preservation orders pertain more to the safeguarding of evidence rather than controlling assets in anticipation of a financial judgment. Thus, the specific function and intent of a

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy