Plus Recruitment Pty Ltd v Phillips (No 2)

Plus Recruitment Pty Ltd sought an order from the Federal Circuit and Family Court of Australia freezing the assets of Mr Phillips. The dispute arose out of an alleged breach of contract, with Plus Recruitment asserting that Mr Phillips owed it money. Plus Recruitment sought a freezing order over Mr Phillips's assets, with a carve-out for his ability to pay his legal expenses and tax debts. The court had to decide whether Mr Phillips had met the evidential burden of showing that his available assets were insufficient to meet these costs. The court found that Mr Phillips had not discharged the evidential burden. It held that Mr Phillips had sufficient available assets to meet the costs in question, and thus denied the carve-out sought. The court did not make any orders allowing Mr Phillips to use his assets to pay his legal expenses and tax debts.