Securing payment – Freezing proceedings before a hot Christmas
Securing payment – Freezing proceedings before a hot Christmas
Litigation normally involves claiming money.
It is a perennial problem, that there is little point in winning a case if there is no money to settle a judgment.
Fortunately, in Queensland, it is possible to obtain a court order preventing someone dealing with assets in a way that will frustrate a future judgment.
Just days before Christmas we made use of this process and prepared an urgent application to the Supreme Court for an order freezing the proceeds of a pending sale of commercial premises, due to settle within days.
Faced with our application, the landlord (seller) provided a last-minute undertaking to the Court to hold the bulk of the sale proceeds in a solicitor’s trust account pending resolution of our client’s claim.
If you have legal claims or disputes, please contact us to discuss your options. We will address at the outset,
- the ability of the defendant to meet judgement,
- alternate courses of action that best suit your desired outcomes; and
- Freezing orders, caveats, and other methods to secure such assets.