Australian Capital Territory Numbered Regulations

COURT PROCEDURES RULES 2006 (NO 29 OF 2006) - REG 752

(FCR o 25B r 3)

    (1)     The Supreme Court may make a search order if satisfied that—

    (a)     an applicant seeking the order 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.

    (2)     The Magistrates Court may make a search order in relation to a proceeding if satisfied that—

    (a)     an applicant seeking the order has a strong prima facie case on an accrued cause of action in the proceeding; 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 the proceeding.