Freezing and Search Orders
Mareva and Anton Piller Orders
By: Peter Meldrum Biscoe
A comprehensive analysis of the principles and practice relating to Freezing and Search Orders. This authoritative book now in its second edition, analyses the principles and practice relating to Freezing and Search Orders. The second edition incorporates three major developments since publication of the first edition, namely; the adoption of harmonised rules of court and practice notes throughout Australia, a stream of significant cases, and statutory abrogation of the privilege against self-incrimination in the freezing and search order context. Important Features: Authoritative; Comprehensive; Table of Rules of Court, Practice Notes and Legislation & Precedents
AI Overview
The book "Freezing and Search Orders" by Peter Meldrum Biscoe is a comprehensive guide to the principles and practice of freezing and search orders in legal proceedings. Here is a detailed overview of the book:
Key Themes
Interim Relief Orders: The book focuses on the use of freezing and search orders as interim relief measures in litigation and arbitration. These orders are designed to protect the legal rights of parties involved in disputes by preventing the destruction of evidence or the dissipation of assets.
Protection of Assets: Freezing orders, originally known as "Mareva injunctions," are used to freeze a defendant's assets pending the hearing and determination of the plaintiff's case. This ensures that assets are not moved or hidden, thereby preserving the court's jurisdiction.
Search Orders: Search orders, originally known as "Anton Piller orders," are used to prevent defendants from destroying evidence related to the plaintiff's case. These orders are typically granted in special circumstances where there is a high risk of evidence being destroyed.
Legal Principles: The book covers the legal principles underlying the granting of these orders, including the balance of convenience, the strength of the plaintiff's case, and the risk of dissipation of assets by the defendant.
Practical Application: It provides practical guidance for lawyers on how to apply for and defend these orders, ensuring that they are used effectively to protect clients' positions in litigation or arbitration.
Plot Summary
The book does not have a narrative plot but rather a structured guide to the legal concepts and practices related to freezing and search orders. It includes:
- Comprehensive Revision: The fourth edition of the book has been comprehensively revised and updated to cover the many developments in this area since the third edition was published in 1997.
- Essential Practitioner’s Guide: It is designed as an essential guide for every practicing lawyer, ensuring that success in court is not hampered by the destruction of evidence or the lack of available funds or assets.
Critical Reception
While specific reviews of the book are not provided in the sources, the book is described as an authoritative and comprehensive analysis of the principles and practice relating to freezing and search orders. It is considered an essential resource for lawyers seeking to understand and apply these complex legal concepts effectively.
Additional Information
- Publication Details: The book is available in various formats, including hardback and online secondhand copies. It is published by Informa Law, which is known for its authoritative legal texts.
- Educational Use: The book is also useful for educational purposes, as detailed lecture notes on freezing and search orders are available for students studying equity and related legal subjects.
In summary, "Freezing and Search Orders" by Peter Meldrum Biscoe is a critical resource for legal practitioners and students, providing a comprehensive understanding of the principles and practices surrounding these important legal tools.