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Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 6 June 2020 at 11:26)
Division 1 General
(1) This Part applies to proceedings in the Supreme Court, the Industrial Court, the Land and Environment Court or the District Court.(2) Divisions 2 and 3, but not this Division, also apply to proceedings in the Dust Diseases Tribunal.
25.2 Order in urgent case before commencement of proceedings
(cf SCR Part 28, rule 1)
(1) In an urgent case, the court, on the application of a person who intends to commence proceedings, may do any of the following—(a) it may make any order which the court might make in proceedings on an application for a writ of habeas corpus ad subjiciendum,(b) it may make any order for the custody of a minor,(c) it may grant any injunctive relief, including relief in the nature of a freezing order under Division 2 (Mareva relief) or a search order under Division 3 (an Anton Piller order),(d) it may make an order extending the operation of a caveat under—(i) the Real Property Act 1900, or(ii) the Offshore Minerals Act 1999, or(iii) the Offshore Minerals Act 1994 of the Commonwealth,(e) it may appoint a receiver,to the same extent as if the applicant had commenced the proceedings and the application were made in the proceedings.(f) it may make an order for the detention, custody or preservation of property under rule 25.3,(2) In relation to proceedings in the Supreme Court, an application under subrule (1) may be made in any division of the Court but must, so far as practicable, be made in the division to which the proceedings that are intended to be commenced would be assigned.(3) A person making an application under subrule (1) must give an undertaking to the court to the effect that the applicant will file originating process commencing the proceedings within such time as the court may order or, if the court makes no such order, within 48 hours after the application is granted.
25.3 Preservation of property
(cf SCR Part 28, rule 2)
(1) In proceedings concerning property, or in which any question may arise as to property, the court may make orders for the detention, custody or preservation of the property.(2) An order under subrule (1) may authorise any person to enter any land or to do any other thing for the purpose of giving effect to the order.(3) In proceedings concerning the right of any party to a fund, the court may order that the fund be paid into court or otherwise secured.
25.4 Disposal of personal property
(cf SCR Part 28, rule 3)
If, in proceedings concerning property (other than land) or in which any question may arise as to any property (other than land), it appears to the court that—(a) the property is of a perishable nature or is likely to deteriorate, orthe court may make an order for the sale or other disposal of the whole or any part of the property by such person, and in such manner, as the court may direct.(b) for any other reason it is desirable that the property should be sold or otherwise disposed of,
25.5 Interim distribution
(cf SCR Part 28, rule 4)
If, in proceedings concerning property, it appears to the court that the property is more than sufficient to answer the claims on the property for which provision ought to be made in the proceedings, the court may allow any part of the property to be conveyed, transferred or delivered to any person having an interest in the property.
25.6 Interim income
(cf SCR Part 28, rule 5)
If, in proceedings concerning property, it appears to the court that the whole or any part of the income of the property is not required to answer the claims on the property or its income for which provision ought to be made in the proceedings, the court may allow that income or part to be paid, during such period as the court may determine, to all or any of the persons having an interest in the income.
25.7 Payment before ascertainment of all persons interested
(cf SCR Part 28, rule 6)
If two or more persons are entitled to share in a fund, the court may order or allow immediate payment to any of those persons of his or her share without reserving any part of that share to meet the subsequent costs of ascertaining any other of those persons.
25.8 Meaning of “usual undertaking as to damages”
(cf SCR Part 28, rule 7(2))
The “usual undertaking as to damages”, if given to the court in connection with any interlocutory order or undertaking, is an undertaking to the court to submit to such order (if any) as the court may consider to be just for the payment of compensation (to be assessed by the court or as it may direct) to any person (whether or not a party) affected by the operation of the interlocutory order or undertaking or of any interlocutory continuation (with or without variation) of the interlocutory order or undertaking.
25.9 Orders may be made at any stage of proceedings
(cf SCR Part 28, rule 7(1))
Orders may be made under this Part at any stage of proceedings.