Freezing Orders in Australia – Inherent Powers and The International Arbitration Act 1974 (CTH)

Abstract

Freezing orders are essential to protect the integrity of judicial and arbitral proceedings, including to preserve assets against which a prospective judgment may be enforced. In the recent case of PT Bayan Resources TBK v BCBC Singapore Pte Ltd, the High Court of Australia was asked to consider whether an Australian court was able to grant a freezing order in aid of foreign court proceedings and the source of any such power. Ultimately, the High Court found that Australian superior courts have an inherent jurisdiction to grant freezing orders in aid of foreign court proceedings. This paper explores the reasoning behind the Court’s decision and whether it extends to the ability of Australian courts to grant freezing orders in aid of foreign arbitration.