Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p25
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 25/100)
Character Range: 178211–180787

may make an order for the inspection, detention, possession, valuation, insurance or preservation of property if:
 (a) the order relates to the property of a party, or a question may arise about the property in a proceeding; and
 (b) the order is necessary to allow the proper determination of a proceeding.
 (2) The court may order a party:
 (a) to sell or otherwise dispose of property that will deteriorate, decay or spoil; and
 (b) to deal with the proceeds of the sale or disposal in a certain way.
 (3) A party may ask the court to make an order in relation to property authorising a person:
 (a) to enter, or do another thing to gain entry or access to, the property; or
 (b) to make observations, and take photographs, of the property; or
 (c) to observe or read images or information contained in the property including, for example, playing a tape, film or disk, or accessing computer files; or
 (d) to copy the property or information contained in the property.
 (4) If the court makes an order under this rule, it may also order a party to pay the costs of a person who is not a party to the proceeding and who must comply with the order.
 (5) The court may make an order under subrule (1) binding on, or otherwise affecting, a person who is not a party to a proceeding.

5.17  Service of application
 (1) A party who has applied for an order under rule 5.16 must:
 (a) make a reasonable attempt to find out who has, or claims to have, an interest in the property to which the application relates; and
 (b) serve the application and any supporting affidavits on that person.
 (2) The court may allow an application for an order under this Division to be made without notice.

5.18  Inspection by court
  A party may apply for an order that the court inspect a place, process or thing, or witness a demonstration, about a question that arises in a proceeding.

Division 5.4.2—Search orders

5.19  Application for search order
 (1) A party may apply for an order (in this Division called a search order):
 (a) requiring a respondent to permit the applicant, alone or with another person, to enter the respondent's premises and do either or both of the following:
 (i) inspect or seize documents or other property;
 (ii) take copies of documents; and
 (b) requiring the respondent to disclose specific information relevant to the proceeding; and
 (c) restraining the respondent, for a specified period of no more than 7 days, from informing anyone else (other than the respondent's lawyer) that the order has been made.
 (2) The applicant may apply for a search order