Dictionary

  • Ancillary relief

    Ancillary relief is a relief referring to orders sought that are subsidiary or incidental to main relief sought in proceedings. In the commercial law context, this type of relief is prevalent in the consideration of Mareva Injunctions (Freezing Orders). Orders made that are incidental to the main order sought (i.e. the Freezing Order) have a purpose to ensure that the court processes are not frustrated in relation to matters coming within its jurisdiction. Some examples of these types of ancillary orders include:

    • disclosure of assets order,
    • order requiring the delivery of specific assets, an order that a respondent direct its bank to disclose information to an applicant,
    • order restraining a respondent from leaving a jurisdiction for a period or an order appointing a receiver.

    In NSW, the power for a Court to make these types of orders is found in rule 25.12 of the Uniform Civil Procedure Rules 2005 (NSW).

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