Victorian Consolidated Regulations Victorian Consolidated Regulations(1) 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 accrued cause of action;
(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 the 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 an anticipated proceeding before the Court.
(2) An application for a search order shall be supported by an affidavit or affidavits which, unless the Court otherwise orders, shall include the following information—
(a) a description of the things or the categories of things, in relation to which the search order is sought;
(b) the address or location of any premises in relation to which the search order is sought and whether they are private or business premises;
(c) why the search order is sought, including whether there is a real possibility that the things to be searched for will be destroyed or otherwise made unavailable for use in evidence before the Court unless the search order is made;
(d) the prejudice, loss or damage likely to be suffered by the applicant if the order is not made;
(e) the name, address, firm and commercial litigation experience of an independent solicitor, who consents to being appointed to serve the search order, supervise its execution and do such other things as the Court considers appropriate;
(f) if the premises to be searched are or include residential premises, whether or not the applicant believes that the only occupant of the premises is likely to be—
(i) a female;
(ii) a child under the age of 18 years;
(iii) any other person ( vulnerable person ) that a reasonable person would consider to be in a position of vulnerability on the grounds of that person's age, mental incapacity, infirmity or English language ability; or
(iv) any combination of subparagraphs (i) to (iii) and any one or more of such persons.
(3) The applicant must give the usual undertakings as to damages and must undertake to pay the independent solicitor's reasonable costs and disbursements.
(4) The applicant's solicitor and the independent solicitor must give such undertakings to the Court as the Court considers appropriate.