In this episode of The Cut, host Henry Kazar, principal of Cathro & Partners in Canberra, dives deep into the topic of freezing orders with guest Graeme Blank, a seasoned barrister from Blackburn Chambers. Together, they explore the nuances and implications of freezing orders within the realm of insolvency.
Henry and Graeme discuss the critical role of undertaking as to damages in the general freezing order environment, emphasising the expectations and responsibilities of both the applicant and their legal representatives.
They highlight the importance of offering this undertaking, even in cases where a judge may not explicitly request it, and the uncommon instances where a judge might decide not to accept it.
This episode is essential listening for insolvency practitioners who need to understand how to protect and preserve assets during investigations and proceedings for the benefit of creditors, beneficiaries, and other stakeholders. Tune in to gain valuable insights from experts with years of experience in insolvency, bankruptcy, and related legal matters.
Key Takeaways:
- The significance of undertaking as to damages in freezing orders.
- The responsibilities of legal representatives in such applications.
- The rare circumstances where a judge might not require or accept the undertaking.
- Practical advice for insolvency practitioners on asset protection and preservation
Join us for an informative discussion on all things insolvency and learn how to navigate the complexities of freezing orders effectively.
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Cathro & Partners are experts in providing insolvency and
restructuring services that help to create and preserve business
value and to enable individuals to make a fresh start. The firm
specialises in restructuring, turnaround, personal and corporate
insolvency, safe harbour, secured enforcement services, government
advisory services and pre-lending services.
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to one of our experts
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.