Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:35:p11
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 35 (pt 11/12)
Character Range: 110124–112940

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 Court considers appropriate.
 (4) In subrule (2):
record includes a copy, photograph, film or sample.

7.46  Independent lawyers
 (1) If the Court makes a search order, the Court must appoint one or more lawyers, each of whom is independent of the applicant's lawyer, (the independent lawyers) to supervise the execution of the order, and 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.

7.47  Costs
 (1) The Court may make any order for costs that it considers appropriate in relation to an order made under this Division.
 (2) Without limiting the generality of subrule (1), an order for costs includes an order for the costs of any person affected by a search order.

Part 8—Starting proceedings

Division 8.1—Originating applications

8.01  Starting proceeding—application
 (1) A person who wants to start a proceeding in the Court's original jurisdiction must file an originating application, in accordance with Form 15.
 (2) An originating application must include:
 (a) the applicant's name and address; and
 (b) the applicant's address for service; and
 (c) if an applicant sues in a representative capacity—a statement of that fact.
Note: The originating application must have the applicant's address for service—see rule 11.01.
 (3) If an originating application states that the applicant is represented by a lawyer:
 (a) the lawyer must, if requested in writing by a respondent, declare in writing whether the lawyer filed the originating application; and
 (b) if the lawyer declares in writing that the lawyer did not file the originating application, the respondent may apply to the Court to stay the proceeding.
Note: File is defined in the Dictionary as meaning file and serve.

8.02  Applicant's genuine steps statement
 (1) If Part 2 of the Civil Dispute Resolution Act applies to a proceeding, the applicant must, when filing the applicant's originating application, file the applicant's genuine steps statement, in accordance with Form 16.
 (2) The applicant's genuine steps statement must comply with section 6 of the Civil Dispute Resolution Act.
 (3) The applicant's genuine steps statement must be no more than 2 pages.
Note 1: Civil Dispute Resolution Act is