Preventing defendant from selling/transferring property

Discussion in 'Legal Issues' started by CraigI_55, 10th May, 2020.

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  1. CraigI_55

    CraigI_55 Member

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    Australia
    Hi all

    I have a civil action in progress. The defendant has property assets that are sufficient to pay the claim. I believe they will consider disposing of these and taking actions to reduce their assets to avoid paying.

    Is there any way for me to prevent the defendant from selling or transferring property during the legal process. I understand that a caveat will only be available once a judgement is entered in my favour.

    My lawyers have considered freezing orders, and consider them difficult to obtain until there is specific evidence showing the defendants intention to do something illegal to avoid creditors.

    I have seen instances in which ASIC has been successful in preventing Directors from dealing with property when there is an action against them, especially if they have used company funds to acquire or maintain the property.

    Just wondering if anyone has any experience with this type of scenario. Obviously I do have advisers assisting me but I know from experience that being self-sufficient and seeking a wide set of opinions can be crucial.

    Any suggestions much appreciated.
     
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Plus Member

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    If it is an individual am not aware of anything.

    You could ask for security for costs, which is like a bond held by courts, but I am not sure how likely this would be granted for an individual especially for one with assets
     
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  3. CraigI_55

    CraigI_55 Member

    Joined:
    1st May, 2020
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    Location:
    Australia
    Thanks Terry. This is worth asking about. As the defendant's assets are illiquid, anything to make it more difficult for them to sell would be useful.
     
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