Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:35:p10
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 35 (pt 10/12)
Character Range: 107747–110359

person against whom a search order is sought or made.
search order has the meaning given by rule 7.42.

7.42  Search order
  The Court may make an order (a search order), in any proceeding or in anticipation of any proceeding in the Court, with or without notice to the respondent, for the purpose of securing or preserving evidence and requiring a respondent to permit persons to enter premises for the purpose of securing the preservation of evidence that is, or may be, relevant to an issue in the proceeding or anticipated proceeding.
Note: Without notice is defined in the Dictionary.

7.43  Requirements for grant of search order
  The Court may make a search order if the Court is satisfied that:
 (a) an applicant seeking the order has a strong prima facie case on an accrued cause of action; and
 (b) the potential or actual loss or damage to the applicant will be serious if the search order is not made; and
 (c) there is sufficient evidence in relation to a respondent that:
 (i) the respondent possesses important evidentiary material; and
 (ii) there is a real possibility that the respondent might destroy such material or cause it to be unavailable for use in evidence in a proceeding or anticipated proceeding before the Court.

7.44  Jurisdiction
  Nothing in this Division diminishes the inherent, implied or statutory jurisdiction of the Court to make a search order.

7.45  Terms of search order
 (1) A search order may direct each person who is named or described in the order:
 (a) to permit, or arrange to permit, other persons named or described in the order:
 (i) to enter premises specified in the order; and
 (ii) to take any steps that are in accordance with the terms of the order; and
 (b) to provide, or arrange to provide, other persons named or described in the order with any information, thing or service described in the order; and
 (c) to allow other persons named or described in the order to take and retain in their custody any thing described in the order; and
 (d) not to disclose any information about the order, for up to 3 days after the date the order was served, except for the purposes of obtaining legal advice or legal representation; and
 (e) to do or refrain from doing any act as the Court considers appropriate.
 (2) Without limiting the generality of subparagraph (1)(a)(ii), the steps that may be taken in relation to a thing specified in a search order include:
 (a) searching for, inspecting or removing the thing; and
 (b) making or obtaining a record of the thing or any information it may contain.
 (3) A search order may contain other provisions the