Civil Procedure - Inspection, detention and preservation of property

Question 1

Which rule relates to the inspection, detention and preservation of property?

Answer 1

Rule 250 UCPR

Question 2

What is property?

Answer 2

Acts Interpretation Act 1954

property - any legal or equitable estate or interest (whether present or future, vested or contingent, or tangible or intangible) in real or personal property of any description (including money), and includes things in action.

Question 3

When can a court make an order for the inspection, detention or preservation of property?

Answer 3

Rule 250(1) - if

a) the property is the subject of a proceeding OR is property about which a question may arise in a proceeding.

OR

b) inspection of the property is necessary for deciding an issue in a proceeding.

Question 4

What can the order of a court authorise a person to do?

Answer 4

Rule 250(3)

a) enter a place or do a thing to get access to the property

b) take samples of the property

c) make observations and take photos of the property

d) conduct experiments on/within the property

e) observe a process

f) observe or read images or information contained in the property including, for example by playing or screening a tape, film or disk

g) photograph or otherwise copy information contained in the property

Question 5

Can the court make an order about costs payable for the inspection, detention or preservation of property?

Answer 5

Rule 250(4)

Yes.