What is the primary purpose of a Mareva (freezing) order?

Study for the New South Wales Civil Practice and Procedure Test. Engage with multiple choice questions, comprehensive explanations, and helpful insights. Ace your exam with confidence!

The primary purpose of a Mareva (freezing) order is to prevent the dissipation of assets to frustrate a judgment. This type of order is significant in civil proceedings, particularly when there is a concern that one party may attempt to dispose of or hide their assets in order to evade the enforcement of a potential judgment. By securing the assets, the court ensures that resources are available should the claimant succeed in their legal action.

This order effectively freezes the respondent's assets up to a certain amount, making it impossible for them to alter their financial situation in a way that would undermine the enforcement of the court's decision. It is an essential tool for claimants to protect their interests, especially in cases where there is a risk of asset movement or concealment. The Mareva order reflects the court's aim to maintain fairness and uphold the integrity of the judicial process.

The other options provided do not accurately capture the rationale behind a Mareva order. For instance, allowing respondents to manage their assets freely contradicts the very nature of a freezing order, which restricts such management to safeguard a claimant's potential recovery. Ensuring that all parties are present in court pertains to procedural aspects of a trial rather than the purpose of freezing orders, and facilitating the sale

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