Uniform Civil Procedure Rules 1999

In a proceeding to obtain evidence for a future right or claim, the court may make an order specifying the evidence that may be obtained and the way it may be obtained, including, for example, that there be a hearing.

The court may only make an order under subrule (1) if it is satisfied that the applicant may, under the circumstances the applicant alleges to exist, become entitled to property or office on the happening of a future event, the right or claim to which can not be brought to trial before the happening of the event.