937K
In forceRequirements for grant of search order
Part 36Miscellaneous enforcement and penal procedures
Division 1BSearch orders
937K Requirements for grant of search order
The Court or a judge may make a search order if the Court or judge is satisfied that –
an applicant seeking the order has a strong prima facie case on an accrued cause of action; and the potential or actual loss or damage to the applicant will be serious if the search order is not made; and there is sufficient evidence in relation to a respondent that – the respondent possesses important evidentiary material; and 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.
Research tools for this sectionSubscription
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.