Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 718

Application for order for inspection, detention, custody or preservation

    (1)     An application in a proceeding for an order for the inspection, detention, custody or preservation of property may be made by a party to the proceeding.

Note     An application may be made before a proceeding starts (see r 706 (Urgent orders before start of proceeding)).

    (2)     The applicant must make all reasonable inquiries to find out who has, or claims to have, an interest in the property.

    (3)     Unless the court otherwise orders, an order must not be made under rule 715 (Inspection, detention, custody and preservation of property—orders etc) or rule 716 (Disposal of property other than land) unless each person who has an interest in the property is served with the application.

Note     Pt 6.2 (Applications in proceedings) applies to an application for an order otherwise ordering.



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