Which of the following is NOT part of the required application procedure for a search order?

Study for the New South Wales Civil Practice and Procedure Test. Engage with multiple choice questions, comprehensive explanations, and helpful insights. Ace your exam with confidence!

In the context of New South Wales civil procedure, the correct choice indicates that giving notice to the respondent prior to the application is not a necessary part of the application procedure for a search order.

Search orders, also known as "search and seizure" orders, are unique in that they may be granted without prior notice to the respondent in certain circumstances. This is crucial because giving notice could risk the respondent destroying or concealing evidence relevant to the case. The court aims to protect the integrity of evidence, which is why the application can be made ex parte, meaning that the application is heard without notifying the other party.

The requirement for preparing documentation—including a notice of motion and an affidavit—is essential for the court to understand the context and reasons for the search order. Additionally, contacting the Duty Judge is necessary to ensure that the matter is addressed by the appropriate judicial authority in a timely manner. Finally, payment of the appropriate filing fees is part of the procedural requirements for initiating most applications within the court system. Thus, the correct answer signifies that notifying the respondent beforehand is not typically required for a search order application, reflecting the nature of these types of orders.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy