Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 261B

261B Requirements for grant of search order

The court may make a search order if the court is satisfied that—

(a) the applicant 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 the material or cause it to be unavailable for use in evidence in a proceeding or anticipated proceeding before the court.