New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 25.2

25.2 Order in urgent case before commencement of proceedings

(cf SCR Part 28, rule 1)

(1) In an urgent case, the court, on the application of a person who intends to commence proceedings, may do any of the following--

(a) it may make any order which the court might make in proceedings on an application for a writ of habeas corpus ad subjiciendum,

(b) it may make any order for the custody of a minor,

(c) it may grant any injunctive relief, including relief in the nature of a freezing order under Division 2 (Mareva relief) or a search order under Division 3 (an Anton Piller order),

(d) it may make an order extending the operation of a caveat under--

(i) the Real Property Act 1900 , or

(ii) the Offshore Minerals Act 1999 , or

(iii) the Offshore Minerals Act 1994 of the Commonwealth,

(e) it may appoint a receiver,

(f) it may make an order for the detention, custody or preservation of property under rule 25.3,

to the same extent as if the applicant had commenced the proceedings and the application were made in the proceedings.

(2) In relation to proceedings in the Supreme Court, an application under subrule (1) may be made in any division of the Court but must, so far as practicable, be made in the division to which the proceedings that are intended to be commenced would be assigned.

(3) A person making an application under subrule (1) must give an undertaking to the court to the effect that the applicant will file originating process commencing the proceedings within such time as the court may order or, if the court makes no such order, within 48 hours after the application is granted.