Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p26
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 26/100)
Character Range: 180550–183151

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 without notice to the respondent.
 (3) An application for a search order must be supported by an affidavit that includes the following:
 (a) a description of the document or property to be seized or inspected;
 (b) the address of the premises where the order is to be carried out;
 (c) the reason the applicant believes the respondent may remove, destroy or alter the document or property unless the order is made;
 (d) a statement about the damage the applicant is likely to suffer if the order is not made;
 (e) a statement about the value of the property to be seized;
 (f) the name of the person (if any) who the applicant wishes to accompany the applicant to the respondent's premises if permission is granted;
 (g) the consent of one or more lawyers to act as independent lawyers for the purposes of rule 5.21;
 (h) the fees proposed to be charged by the independent lawyers.
 (4) If a search order is made, the applicant must serve a copy of it on the respondent when the order is acted on.

5.20  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 application for final orders; and
 (b) the potential or actual loss and 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.

5.21  Independent lawyers
 (1) If the court makes a search order, the court must appoint one or more lawyers (the independent lawyers), each of whom is independent of the applicant's lawyer:
 (a) to supervise the execution of the order; and
 (b) to do any other acts or things in relation to the order that the court considers appropriate.
 (2) The court may appoint an independent lawyer to supervise execution of the order at any one or more premises, and a different independent lawyer or lawyers to supervise execution of the order at other premises, with each independent lawyer having power to do any other acts or things in relation to the order that the court considers appropriate.

5.22  Costs