1An order for inspection of property under r 715 of the Court Procedures Rules 2006 (ACT) may be refused where the physical layout of the property is not material to the issues for determination and the claim focuses on decisions (such as medication management) rather than the physical environment.
2Significant practical barriers to inspection — including security risks at a correctional facility, changes to the facility's configuration since the relevant events, and the need for lockdowns — weigh against making an inspection order, particularly where the inspection's utility is doubtful.
3Where the relevance of a property inspection may emerge during trial, the appropriate course is to leave the question to the trial judge rather than ordering a pre-trial inspection on a speculative basis.
