From time to time, where a party becomes aware that there is a risk that assets of another party to a dispute may be disposed of, it is necessary to apply to the Court for a freezing order. A freezing order is an order of the Court which prohibits a party from disposing of, dealing with or diminishing the value of the assets that are the subject of the order.
Rigby Cooke recently acted for a client in a NSW Supreme Court case which clearly defined the Chain of Responsibility laws that relate to consignors and loaders of goods.
This case involved a heavy vehicle carrying scrap metal which struck the M5 tunnel in Sydney causing major damage to the infrastructure, resulting in the tunnel being shut down for 16 hours and causing massive traffic delays.
Our client loaded the vehicle and a scrap metal supplier was the consignor. Both were found to have breached the load requirements of the Road Transport (General) Act 2005 (NSW). Fines were imposed and each were ordered to pay a significant sum in compensation to the NSW Roads and Maritime Services (RMS) for the considerable damage caused to the tunnel.
The Building and Construction Industry Security of Payment Act 2002 (Vic) (the Act) has revolutionised dispute resolution processes in the civil, construction and engineering industries.
The avid readers of InDispute may recall that each year our commercial Litigation and Dispute Resolution team act in numerous shareholder dispute matters. These past 12 months have been no exception.
If you were served with a subpoena to produce documents to Court, would you know what to do and how to respond to it?