Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 14.01

Orders about property

             (1)  The court may make an order for the inspection, detention, possession, valuation, insurance or preservation of property if:

                     (a)  the order relates to the property of a party, or a question may arise about the property in a case; and

                     (b)  the order is necessary to allow the proper determination of a case.

             (2)  The court may order a party:

                     (a)  to sell or otherwise dispose of property that will deteriorate, decay or spoil; and

                     (b)  to deal with the proceeds of the sale or disposal in a certain way.

             (3)  A party may ask the court to make an order in relation to property authorising a person to:

                     (a)  enter, or to do another thing to gain entry or access to, the property;

                     (b)  make observations, and take photographs, of the property;

                     (c)  observe or read images or information contained in the property including, for example, playing a tape, film or disk, or accessing computer files; or

                     (d)  copy the property or information contained in the property.

             (4)  If the court makes an order under this rule, it may also order a party to pay the costs of a person who is not a party to the case and who must comply with the order.

             (5)  The court may make an order under subrule (1) binding on, or otherwise affecting, a person who is not a party to a case.

Note:          For the procedure for making an application for interim, procedural, ancillary or other incidental orders, see Chapter 5.



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