Search, seize and freeze

If you have a genuine concern that someone (a person or company) owes you money or is going to destroy documents that you need to help your case and you have evidence that supports your concerns, you may need to take immediate action.

To avoid documents and evidence being destroyed or lost, you may need to search, seize and freeze documents and other evidence that may help your case.

You need to obtain legal advice on your rights and whether you are entitled to obtain search, freeze or seize orders.

Search orders

Search orders are a powerful way to preserve evidence for anticipated or impending litigation. The applications and orders are made ‘ex-parte’. This means in the absence of the party that is the subject of the application. The order legally compels the respondent to allow your nominated representative to enter a premises to search, seize, copy or inspect documents, files or other items described in the order.

Freezing and seize orders

Freezing and seize orders are used to freeze bank accounts and seize documents (ie. computers, laptops and smartphones) to avoid the risk of destruction or dissipation of assets.

To obtain search, seize and freeze orders, you must first satisfy the court that there is a very strong prima facie case, that you are exposed to serious damage which could not otherwise be remedied and that you agree to provide an undertaking regarding the damages.

Independent representation

Streeterlaw Principal Mark Streeter, who is an Accredited Specialist in Commercial Litigation, is also an Independent Supervising Solicitor listed with the Federal and Supreme Court and has the expertise to quickly enact a search, seize and freeze action if it is required. Mark has appeared in search and freeze order applications in the Supreme Court, Federal Court, Federal Circuit Court and Family Courts.