Commonwealth Numbered Regulations

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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 5.19

Application for search order

             (1)  A party may apply for an order (in this Division called a search order ):

                     (a)  requiring a respondent to permit the applicant, alone or with another person, to enter the respondent's premises and do either or both of the following:

                              (i)  inspect or seize documents or other property;

                             (ii)  take copies of documents; and

                     (b)  requiring the respondent to disclose specific information relevant to the proceeding; and

                     (c)  restraining the respondent, for a specified period of no more than 7 days, from informing anyone else (other than the respondent's lawyer) that the order has been made.

             (2)  The applicant may apply for a search order without notice to the respondent.

             (3)  An application for a search order must be supported by an affidavit that includes the following:

                     (a)  a description of the document or property to be seized or inspected;

                     (b)  the address of the premises where the order is to be carried out;

                     (c)  the reason the applicant believes the respondent may remove, destroy or alter the document or property unless the order is made;

                     (d)  a statement about the damage the applicant is likely to suffer if the order is not made;

                     (e)  a statement about the value of the property to be seized;

                      (f)  the name of the person (if any) who the applicant wishes to accompany the applicant to the respondent's premises if permission is granted;

                     (g)  the consent of one or more lawyers to act as independent lawyers for the purposes of rule 5.21;

                     (h)  the fees proposed to be charged by the independent lawyers.

             (4)  If a search order is made, the applicant must serve a copy of it on the respondent when the order is acted on.



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