Commonwealth Numbered Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 5.20

                   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 application for final orders; and

                     (b)  the potential or actual loss and 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 such material or cause it to be unavailable for use in evidence in a proceeding or anticipated proceeding before the court.