Mareva orders : assisting foreign litigants

When Mareva orders were first introduced in England a threshold test was adopted that required an applicant to have a legal or equitable right within the jurisdiction before the court would consider whether to grant a Mareva order. This article examines the influence of that test in relation to foreign litigants seeking Mareva orders in Australia. The author shows that the influence of the threshold test established in England has, until recently, made it difficult for foreign litigants to obtain Mareva orders in Australia. The author argues that as a result of recent decisions the threshold test established in England has been rejected in Australia and foreign litigants can obtain Mareva orders without a cause of action in Australia.