III RISKS POSED TO DEFENDANTS …show more content…
World-wide Mareva Orders may be granted by certain jurisdictions where the court in question clearly has jurisdiction over the defendant. In such instances, the order awarded can effectively freeze the assets of the defendant, regardless of where the defendant is situated at that time. This extra-territorial function is available under Australian law in that Mareva Orders may be serviced outside of Australia where there are assets in Australia. While the Court of Appeal in the Dadourian Group International Case provided guidelines for how courts should award and enforce Mareva Orders abroad, the guidelines were explicitly stated to not be exclusive, indicating that each application for the award of such an order ought to be considered on its own merits. Thus, the Mareva Order remains largely discretionary in