751Search orders—general

751 Search orders—general (1) The Supreme Court may make an order (a search order) in any proceeding or in anticipation of any proceeding in the court for the purpose of securing or preserving evidence and requiring the respondent to allow people to enter premises for the purpose of securing the preservation of evidence that is or may be relevant to an issue in the proceeding or anticipated proceeding. (2) The Magistrates Court may make an order (also called a search order) in any proceeding in the court for the purpose of securing or preserving evidence and requiring the respondent to allow people to enter premises for the purpose of securing the preservation of evidence that is or may be relevant to an issue in the proceeding. (3) The affidavits supporting an application for a search order must include the following information: (a) a description of the things, or the categories of things, in relation to which the order is sought; (b) the address of the premises in relation to which the order is sought and whether they are private or business premises;

Rule 751 (c) why the order is sought, including why the applicant believes that the things to be searched for will probably be destroyed or otherwise made unavailable for the purpose of evidence before the court unless the 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 agrees to being appointed to serve the order, supervise its enforcement and do the other things the court directs; (f) if the premises to be searched are or include residential premises—whether or not the applicant believes that the only occupants of the premises are likely to be young children or an unaccompanied female, or both; (g) if the application is made in the Supreme Court and the applicant claims that the applicant has an existing or prospective cause of action that is justiciable in Australia— (i) the basis of the claim for principal relief; and (ii) if the application is made without being served on the respondent—any possible defence or other response to the claim; (h) if the application is made in the Magistrates Court, the applicant has started a proceeding in the court and the applicant claims that the applicant has a cause of action that is justiciable in Australia— (i) the basis of the claim for principal relief; and (ii) if the application is made without being served on the respondent—any possible defence or other response to the (4) The court may amend or set aside the search order.

Rule 752