Advise on an application for a freezing order
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the file the lawyer selects, list which of the practice-note topics are covered by a document and which are not: the basis and amount of the claim, possible defences if the application would be without notice, assets known inside and outside Australia, whether a third party holds assets, the proposed cap including interest and costs, the legitimate-purpose exceptions, and whether the applicant can meet an undertaking as to damages from assets in Australia. Do not draft the order or the application.
- What the lawyer must review
- The lawyer decides whether to apply, whether the application is without notice, what undertaking to offer, and writes the application. The lawyer checks Division 7.4 and, for a third party, rule 7.35(5) as the practice note describes it.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. From the file the lawyer selects, list which of the practice-note topics are covered by a document and which are not: the basis and amount of the claim, possible defences if the application would be without notice, assets known inside and outside Australia, whether a third party holds assets, the proposed cap including interest and costs, the legitimate-purpose exceptions, and whether the applicant can meet an undertaking as to damages from assets in Australia. Do not draft the order or the application. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Check each asset and figure against the source document.
- Confirm possible defences known to the applicant are on the list before a without-notice application is made.
- Confirm the draft the lawyer settles, not the tool, contains the undertaking as to damages and a return date.
- If disclosure of assets is sought, confirm the privilege against self-incrimination is addressed. The practice note points to section 128A of the Evidence Act 1995 (Cth).
Sources
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.
The text of rule 7.35 was not opened. The practice note describes what rule 7.35(5) does. Read the rule before a third-party order is sought.