Victorian Numbered Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 37.01

Inspection, detention etc. of property

    (1)     In any proceeding the Court may make an order for the inspection, detention, custody or preservation of any property, whether or not in the possession, custody or power of a party.

    (2)     An order under paragraph (1) may authorise any person to—

        (a)     enter any land or do any other thing for the purpose of obtaining access to the property;

        (b)     take samples of the property;

        (c)     make observations (including the photographing) of the property;

        (d)     conduct any experiment on or with the property;

        (e)     observe any process.

    (3)     On an application under paragraph (1), the Court may make an order for the costs and expenses of any person not being a party where—

        (a)     that person attends on the hearing of the application pursuant to a summons served under Rule 37.03(1); or

        (b)     the Court makes an order under paragraph (1) which will affect that person.

    (4)     The Court may make an order under this Rule on condition that the party applying for the order give security for the costs and expenses of any person, whether or not a party, who will be affected by the order.



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