Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 7.43

Requirements for grant of search order

    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; 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 such material or cause it to be unavailable for use in evidence in a proceeding or anticipated proceeding before the Court.


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