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Securing payment – Freezing proceedings before a hot Christmas

Jan 12, 2022 | Article

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.