2 The inherent power of the Supreme Court of a State includes the power to make orders 'to prevent the abuse or frustration of its process in relation to matters coming within its jurisdiction' (Jackson v Sterling Industries Ltd (1987) 162 CLR 612, 623) of which the freezing order is a paradigm example.
3 (2015) 89 ALJR 975, 982–983 [41], 984 [51] (French CJ, Kiefel, Bell, Gageler, and Gordon JJ).
4 (2015) 89 ALJR 975, 983 [47] (French CJ, Kiefel, Bell, Gageler, and Gordon JJ).
5 Foreign arbitral awards may be enforced in a court of a state or territory or in the federal court as if they were a judgment of that court: International Arbitration Act 1974 (Cth) s 8(2), (3). See also s 16 of the International Arbitration Act 1974 which picks up international arbitral awards made in Australia. Domestic arbitral awards may be enforced under s 35 of the uniform Commercial Arbitration Acts.
6 Article 9 of the of the Model Law, given effect by section 9 of the International Arbitration Act 1974 (Cth) and section 9 of the uniform Commercial Arbitration Acts.
7 Construction Engineering (Aust) Pty Ltd v Tambel (Australasia) Pty Ltd [1984] 1 NSWLR 274.
8 (2015) 89 ALJR 975, 983–984 [48] (French CJ, Kiefel, Bell, Gageler, Gordon JJ), 989 [81] (Keane and Nettle JJ).
9 (2015) 89 ALJR 975, 988 [77] (Keane and Nettle JJ). See Jackson v Sterling Industries Ltd (1987) 162 CLR 612, 625 (Deane J).
10 See Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001) 208 CLR 199, 158 [265] (Kirby J), 312 [284] (Callinan J).
11 See Cardile v LED Builders Pty Ltd (1999) 198 CLR 380, 403–404, 405 [51], [56] (Gaudron, McHugh, Gummow, and Callinan JJ).
12 Cardile v LED Builders Pty Ltd (1999) 198 CLR 380, 401 [43] (Gaudron, McHugh, Gummow, and Callinan JJ).
13 See, eg, European Bank Ltd v Evans (2010) 240 CLR 432.
14 (2015) 89 ALJR 975, 984–985 [51]–[55] (French CJ, Kiefel, Bell, Gageler, and Gordon JJ).
Lee Carroll
Lee has experience in trial and appellate litigation and alternative dispute resolution processes including domestic and international arbitration, mediation, statutory adjudication, and dispute resolution boards.
Lee has also gained international expertise from her time practising at a leading global law firm in London.