County Court (Chapter I Amendment No. 19) Rules 2006

i County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 TABLE OF PROVISIONS Rule Page PART 1—PRELIMINARY 1 1. Object 1 2. Authorising provisions 1 3. Commencement 1 4. Principal Rules 2 PART 2—HARMONISED FREEZING ORDERS AND SEARCH ORDERS 3 5. New Orders 37A and 37B 3 ORDER 37A 3 FREEZING ORDERS 3 37A.01 Definitions 3 37A.02 Freezing order 3 37A.03 Ancillary order 5 37A.04 Respondent need not be party to proceeding 5 37A.05 Order against judgment debtor or prospective judgment debtor or third party 5 37A.06 Jurisdiction of Court not limited 8 37A.07 Service 8 37A.08 Costs 9 37A.09 Application to be heard by Judge 9 ORDER 37B 10 SEARCH ORDERS 10 37B.01 Definitions 10 37B.02 Search order 10 37B.03 Requirements for grant of search order 11 37B.04 Jurisdiction of Court not limited 13 37B.05 Terms of search order 13 37B.06 Independent solicitors 15 -- 1 of 49 -- Rule Page ii 37B.07 Costs 15 37B.08 Service of search order etc. 16 37B.09 Application to be heard by Judge 16 6. Forms 37AA and 37BA inserted 17 Form 37AA—Freezing Order 17 Form 37BA—Search Order 28 PART 3—MISCELLANEOUS AMENDMENTS 45 7 Form and content 45 8 Substitution of definition 45 ═══════════════ ENDNOTES 47 -- 2 of 49 -- 1 STATUTORY RULES 2006 S.R. No. 167/2006 County Court Act 1958 County Court (Chapter I Amendment No. 19) Rules 2006 A majority of the Judges of the County Court makes the following Rules: PART 1—PRELIMINARY 1. Object The object of these Rules is to amend Chapter I of the Rules of the County Court to— (a) provide for freezing orders and search orders harmonised with like Rules in other jurisdictions; and (b) to provide for email addresses and a generic reference to Commonwealth taxation legislation in Rule 72.01. 2. Authorising provisions These Rules are made under section 78 of the County Court Act 1958 and all other enabling powers. 3. Commencement These Rules come into operation on 1 January 2007. -- 3 of 49 -- Part 1—Preliminary County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 2 4. Principal Rules In these Rules, the County Court Rules of Procedure in Civil Proceedings 19991 are called the Principal Rules. __________________ r. 4 -- 4 of 49 -- Part 2—Harmonised Freezing Orders and Search Orders County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 3 PART 2—HARMONISED FREEZING ORDERS AND SEARCH ORDERS 5. New Orders 37A and 37B After Order 37 of the Principal Rules insert— 'ORDER 37A FREEZING ORDERS 37A.01 Definitions In this Order, unless the contrary intention appears— "ancillary order" has the meaning given by Rule 37A.03(1); "another court" means a court outside Australia or a court in Australia other than the Court; "applicant" means a person who applies for a freezing order or an ancillary order; "freezing order" has the meaning given by Rule 37A.02(1); "respondent" means a person against whom a freezing order or an ancillary order is sought or made. 37A.02 Freezing order (1) The Court may make an order (a "freezing order"), upon or without notice to the respondent, for the purpose of preventing the frustration or inhibition of the Court's process by seeking to meet a danger that a judgment or prospective judgment of the Court will be wholly or partly unsatisfied. r. 5 -- 5 of 49 -- Part 2—Harmonised Freezing Orders and Search Orders County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 4 (2) A freezing order may be an order restraining a respondent from removing any assets located in or outside Australia or from disposing of, dealing with, or diminishing the value of, those assets. (3) A freezing order may be in Form 37AA. (4) In making a freezing order or an ancillary order, the Court shall have regard to the practice note concerning freezing orders. (5) The affidavits relied on in support of an application for a freezing order or an ancillary order shall, as far as possible, address the following— (a) information about the judgment that has been obtained, or if no judgment has been obtained, the following information about the cause of action— (i) the basis of the claim for substantive relief; (ii) the amount of the claim; and (iii) if the application is made without notice to the respondent, the applicant's knowledge of any possible defence; (b) the nature and value of the respondent's assets, so far as they are known to the applicant, within and outside Australia; (c) the matters referred to in Rule 37A.05; and (d) the identity of any person, other than the respondent, who the applicant believes may be affected by the freezing order and how that person may be affected by it. r. 5 -- 6 of 49 -- Part 2—Harmonised Freezing Orders and Search Orders County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 5 37A.03 Ancillary order (1) The Court may make an order (an "ancillary order") ancillary to a freezing order or prospective freezing order as the Court considers appropriate. (2) Without limiting the generality of paragraph (1), an ancillary order may be made for either or both of the following purposes— (a) eliciting information relating to assets relevant to the freezing order or prospective freezing order; (b) determining whether the freezing order should be made. 37A.04 Respondent need not be party to proceeding The Court may make a freezing order or an ancillary order against a respondent, whether or not the respondent is a party to a proceeding in which substantive relief is sought against the respondent. 37A.05 Order against judgment debtor or prospective judgment debtor or third party (1) This Rule applies if— (a) judgment has been given in favour of an applicant by— (i) the Court; or (ii) in the case of a judgment to which paragraph (2) applies, another court; or (b) an applicant has a good arguable case on an accrued or prospective cause of action that is justiciable in— r. 5 -- 7 of 49 -- Part 2—Harmonised Freezing Orders and Search Orders County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 6 (i) the Court; or (ii) in the case of a cause of action to which paragraph (3) applies, another court. (2) This paragraph applies to a judgment if there is a sufficient prospect that the judgment will be registered in or enforced by the Court. (3) This paragraph applies to a cause of action if— (a) there is a sufficient prospect that the other court will give judgment in favour of the applicant; and (b) there is a sufficient prospect that the judgment will be registered in or enforced by the Court. (4) The Court may make a freezing order or an ancillary order or both against a judgment debtor or prospective judgment debtor if the Court is satisfied, having regard to all the circumstances, that there is a danger that a judgment or prospective judgment of the Court will be wholly or partly unsatisfied because any of the following might occur— (a) the judgment debtor, prospective judgment debtor or another person absconds; or (b) the assets of the judgment debtor, prospective judgment debtor or another person are— (i) removed from Australia or from a place inside or outside Australia; or (ii) disposed of, dealt with or diminished in value. r. 5 -- 8 of 49 -- Part 2—Harmonised Freezing Orders and Search Orders County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 7 (5) The Court may make a freezing order or an ancillary order or both against a person other than a judgment debtor or prospective judgment debtor (a "third party") if the Court is satisfied, having regard to all the circumstances, that— (a) there is a danger that a judgment or prospective judgment of the Court will be wholly or partly unsatisfied because— (i) the third party holds or is using, or has exercised or is exercising, a power of disposition over assets (including claims and expectancies) of the judgment debtor or prospective judgment debtor; or (ii) the third party is in possession of, or in a position of control or influence concerning, assets (including claims and expectancies) of the judgment debtor or prospective judgment debtor; or (b) a process in the Court is or may ultimately be available to the applicant as a result of a judgment or prospective judgment of the Court, under which process the third party may be obliged to disgorge assets or contribute toward satisfying the judgment or prospective judgment. (6) Nothing in this Rule affects the power of the Court to make a freezing order or an ancillary order if the Court considers it is in the interests of justice to do so. r. 5 -- 9 of 49 -- Part 2—Harmonised Freezing Orders and Search Orders County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 8 37A.06 Jurisdiction of Court not limited Nothing in this Order limits the inherent, implied or statutory jurisdiction of the Court to make a freezing order or an ancillary order. 37A.07 Service (1) An application for a freezing order or an ancillary order may be served on a person who is outside Australia (whether or not the person is domiciled or resident in Australia) if any of the assets to which the order relates are within the jurisdiction of the Court. (2) A freezing order— (a) shall be authenticated pursuant to Rule 60A.04; (b) when served, shall be served together with a copy of— (i) the summons, or, if none was filed, any draft summons produced to the Court; (ii) the material (other than material excepted by the Court as confidential) that was relied on by the applicant at the hearing when the order was made; (iii) a transcript or, if none is available, a note, of any oral allegation of fact that was made and of any oral submission that was put, to the Court; and (iv) the originating motion, or, if none was filed, any draft originating motion produced to the Court. r. 5 -- 10 of 49 -- Part 2—Harmonised Freezing Orders and Search Orders County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 9 37A.08 Costs (1) The Court may make any order as to costs as it considers appropriate in relation to an order made under this Order. (2) Without limiting the generality of paragraph (1), an order as to costs includes an order as to the costs of any person affected by a freezing order or an ancillary order. 37A.09 Application to be heard by Judge An application under this Order shall be heard by a Judge. __________________ r. 5 -- 11 of 49 -- Part 2—Harmonised Freezing Orders and Search Orders County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 10 ORDER 37B SEARCH ORDERS 37B.01 Definitions In this Order, unless the contrary intention appears— "applicant" means an applicant for a search order; "described" includes described generally, whether by reference to a class or otherwise; "premises" includes a vehicle or vessel of any kind; "respondent" means a person against whom a search order is sought or made; "search order" has the meaning given in Rule 37B.02(1); "thing" includes document. 37B.02 Search order (1) The Court may make an order (a "search order"), in any proceeding or in anticipation of any proceeding in the Court, with or without notice to the respondent, for the purpose of securing or preserving evidence and requiring a respondent to permit persons to enter premises for the purpose of securing the preservation of evidence which is, or may be, relevant to an issue in the proceeding or anticipated proceeding. r. 5 -- 12 of 49 -- Part 2—Harmonised Freezing Orders and Search Orders County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 11 (2) A search order may be in Form 37BA. (3) In making a search order, the Court shall have regard to the practice note concerning search orders. 37B.03 Requirements for grant of search order (1) The Court may make a search order if the Court is satisfied that— (a) an applicant seeking the order has a strong prima facie case on an accrued cause of action; (b) the potential or actual loss or damage to the applicant will be serious if the search order is not made; and (c) there is sufficient evidence in relation to the respondent that— (i) the respondent possesses important evidentiary material; and (ii) 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 an anticipated proceeding before the Court. (2) An application for a search order shall be supported by an affidavit or affidavits which, unless the Court otherwise orders, shall include the following information— (a) a description of the things or the categories of things, in relation to which the search order is sought; r. 5 -- 13 of 49 -- Part 2—Harmonised Freezing Orders and Search Orders County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 12 (b) the address or location of any premises in relation to which the search order is sought and whether they are private or business premises; (c) why the search order is sought, including whether there is a real possibility that the things to be searched for will be destroyed or otherwise made unavailable for use in evidence before the Court unless the search order is made; (d) the prejudice, loss or damage likely to be suffered by the applicant if the order is not made; (e) the name, address, firm and commercial litigation experience of an independent solicitor, who consents to being appointed to serve the search order, supervise its execution and do such other things as the Court considers appropriate; (f) if the premises to be searched are or include residential premises, whether or not the applicant believes that the only occupant of the premises is likely to be— (i) a female; (ii) a child under the age of 18 years; (iii) any other person ("vulnerable person") that a reasonable person would consider to be in a position of vulnerability on the grounds of that person's age, mental incapacity, infirmity or English language ability; or r. 5 -- 14 of 49 -- Part 2—Harmonised Freezing Orders and Search Orders County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 13 (iv) any combination of sub- paragraphs (i) to (iii) and any one or more of such persons. (3) The applicant must give the usual undertakings as to damages and must undertake to pay the independent solicitor's reasonable costs and disbursements. (4) The applicant's solicitor and the independent solicitor must give such undertakings to the Court as the Court considers appropriate. 37B.04 Jurisdiction of Court not limited Nothing in this Order limits the inherent, implied or statutory jurisdiction of the Court to make a search order. 37B.05 Terms of search order (1) A search order may direct each person who is named or described in the order— (a) to permit, or arrange to permit, such other persons as are named or described in the order— (i) to enter premises specified in the order; and (ii) to take any steps that are in accordance with the terms of the order; (b) to provide, or arrange to provide, such other persons named or described in the order with any information, thing or service described in the order; r. 5 -- 15 of 49 -- Part 2—Harmonised Freezing Orders and Search Orders County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 14 (c) to allow such other persons named or described in the order to take and retain in their custody any thing described in the order; (d) not to disclose any information about the order, for such period as is specified in the order (not exceeding three days) after the date on which the order was served, except for the purposes of obtaining legal advice or legal representation; and (e) to do or refrain from doing any act as the Court considers appropriate. (2) Without limiting the generality of paragraph (1)(a)(ii), the steps that may be taken in relation to a thing specified in a search order include— (a) searching premises for, inspecting or removing the thing; and (b) making or obtaining a copy, photograph, film, sample, test or other record of any such thing or any information it may contain. (3) A search order— (a) must not authorise a search of a natural person; (b) must not be executed at the same time as the execution by the police or other proper authority of a search warrant; and (c) may contain such other provisions as the Court considers appropriate. r. 5 -- 16 of 49 -- Part 2—Harmonised Freezing Orders and Search Orders County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 15 37B.06 Independent solicitors (1) If the Court makes a search order, the Court must appoint one or more solicitors, each of whom is independent of the applicant's solicitors (the "independent solicitors") and each of whom is prepared to give such undertakings as the Court requires, to supervise the execution of the search order and to do such other things in relation to the search order as the Court considers appropriate. (2) The Court may appoint an independent solicitor to supervise execution of the search order at any one or more premises, and a different independent solicitor or solicitors to supervise execution of the search order at other premises, with each independent solicitor having power to do such other things in relation to the order as the Court considers appropriate. 37B.07 Costs (1) The Court may make any order as to costs it considers appropriate in relation to an order made under this Order. (2) Without limiting the generality of paragraph (1), an order as to costs includes an order as to the costs of any person affected by a search order. r. 5 -- 17 of 49 -- Part 2—Harmonised Freezing Orders and Search Orders County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 16 37B.08 Service of search order etc. (1) A search order— (a) shall be authenticated pursuant to Rule 60A.04; (b) when served, shall be served together with a copy of— (i) the summons, or, if none was filed, any draft summons produced to the Court; (ii) the material (other than material excepted by the Court as confidential) that was relied on by the applicant at the hearing when the order was made; (iii) a transcript or, if none is available, a note, of any oral allegation of fact that was made and of any oral submission that was put, to the Court; and (iv) the originating motion, or, if none was filed, any draft originating motion produced to the Court. (2) Service of the documents referred to in paragraph (1) upon any person who appears to the independent solicitor to be responsible and in charge of the premises or any of the premises at which the search order is to be executed, is taken to be service on the respondent. 37B.09 Application to be heard by Judge An application under this Order shall be heard by a Judge. __________________'. r. 5 -- 18 of 49 -- Part 2—Harmonised Freezing Orders and Search Orders County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 17 6. Forms 37AA and 37BA inserted After Form 35B of the Principal Rules insert— 'FORM 37AA Rule 37A.02 FREEZING ORDER [title of proceeding] PENAL NOTICE TO: [name of person against whom the order is made] IF YOU: (A) REFUSE OR NEGLECT TO DO ANY ACT WITHIN THE TIME SPECIFIED IN THIS ORDER FOR THE DOING OF THE ACT; OR (B) DISOBEY THE ORDER BY DOING AN ACT WHICH THE ORDER REQUIRES YOU TO ABSTAIN FROM DOING, YOU WILL BE LIABLE TO IMPRISONMENT, SEQUESTRATION OF PROPERTY OR OTHER PUNISHMENT. ANY OTHER PERSON WHO KNOWS OF THIS ORDER AND DOES ANYTHING WHICH HELPS OR PERMITS YOU TO BREACH THE TERMS OF THIS ORDER MAY BE SIMILARLY PUNISHED. TO: [name of person against whom the order is made] This is a "freezing order" made against you on [insert date] by Justice [insert name of Judge] at a hearing without notice to you after the Court has been given the undertakings set out in Schedule A to this order and after the Court has read the affidavits listed in Schedule B to this order1. The applicant has given to the Court the undertakings set out in Schedule A to this order. r. 6 -- 19 of 49 -- Part 2—Harmonised Freezing Orders and Search Orders County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 18 THE COURT ORDERS: INTRODUCTION 1. (a) The application for this order is made returnable immediately. (b) The time for service of [describe documents required to be served] is abridged and service is to be effected by [insert time and date]2. 2. Subject to the next paragraph, this order has effect up to and including [insert date] ("the return date"). On the return date there will be a further hearing in respect of this order at [insert time] a.m./p.m. before Justice [insert name of Judge]3. 3. Anyone served with or notified of this order, including you, may apply to the Court at any time to vary or discharge this order or so much of it as affects the person served or notified. 4. In this order— (a) "applicant", if there is more than one applicant, includes all the applicants; (b) "you", where there is more than one of you, includes all of you and includes you if you are a corporation; (c) "third party" means a person other than you and the applicant; (d) "unencumbered value" means value free of mortgages, charges, liens or other encumbrances. 5. (a) If you are ordered to do something, you must do it by yourself or through directors, officers, partners, employees, agents or others acting on your behalf or on your instructions. (b) If you are ordered not to do something, you must not do it yourself or through directors, officers, partners, employees, agents or others acting on your behalf or on your instructions or with your encouragement or in any other way. r. 6 -- 20 of 49 -- Part 2—Harmonised Freezing Orders and Search Orders County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 19 FREEZING OF ASSETS [For order limited to assets in Australia] 6. (a) You must not remove from Australia or in any way dispose of, deal with or diminish the value of any of your assets which are in Australia ("Australian assets") up to the unencumbered value of AUD$ ("the relevant amount"). (b) If the unencumbered value of your Australian assets exceeds the relevant amount, you may remove any of those assets from Australia or dispose of or deal with them or diminish their value, so long as the total unencumbered value of your Australian assets still exceeds the relevant amount. [If the Court makes a world wide order, the following additional paragraph (c) also applies] (c) If the unencumbered value of your Australian assets is less than the relevant amount, and you have assets outside Australia ("ex-Australian assets")— (i) you must not dispose of, deal with or diminish the value of any of your Australian assets and ex-Australian assets up to the unencumbered value of your Australian and ex-Australian assets of the relevant amount; and (ii) you may dispose of, deal with or diminish the value of any of your ex-Australian assets, so long as the unencumbered value of your Australian assets and ex-Australian assets still exceeds the relevant amount. [For either form of order] 7. For the purposes of this order— (a) your assets include— (i) all your assets, whether or not they are in your name and whether they are solely or co-owned; r. 6 -- 21 of 49 -- Part 2—Harmonised Freezing Orders and Search Orders County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 20 (ii) any asset which you have the power, directly or indirectly, to dispose of or deal with as if it were your own (you are to be regarded as having such power if a third party holds or controls the asset in accordance with your direct or indirect instructions); and (iii) the following assets in particular— (A) the property known as [title/address] or, if it has been sold, the net proceeds of the sale; (B) the assets of your business [known as [name]] [carried on at [address]] or, if any or all of the assets have been sold, the proceeds of the sale; and (C) any money in account [numbered account number] [in the name of] at [name of bank and name and address of branch]; (b) the value of your assets is the value of the interest you have individually in your assets. PROVISION OF INFORMATION 4 8. Subject to paragraph 9, you must— (a) at or before the further hearing on the return date (or within such further time as the Court may allow) to the best of your ability inform the applicant in writing of all your assets in [Australia] [world wide], giving their value, location and details (including any mortgages, charges or other encumbrances to which they are subject) and the extent of your interest in the assets; (b) within [ ] working days after being served with this order, swear and serve on the applicant an affidavit setting out the above information. r. 6 -- 22 of 49 -- Part 2—Harmonised Freezing Orders and Search Orders County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 21 9. (a) This paragraph 9 applies if you are not a corporation and you wish to object that compliance with paragraph 8 may tend to incriminate you or make you liable to a civil penalty. (b) This paragraph 9 also applies if you are a corporation and all persons who are able to comply with paragraph 8 on your behalf and with whom you have been able to communicate, wish to object that compliance may tend to incriminate them respectively or make them respectively liable to a civil penalty. (c) You must at or before the further hearing on the return date (or within such further time as the Court may allow) notify the applicant in writing that you or all the persons referred to in sub- paragraph (b) wish to take such objection and identify the extent of the objection. (d) If you give such notice, you need comply with paragraph 8 only to the extent, if any, that it is possible without disclosure of the material in respect of which the objection is taken. (e) If you give such notice and the applicant wishes, the Court may give directions as to the filing and service of affidavits setting out such matters as you or the persons referred to in sub- paragraph (b) wish to place before the Court in support of the objection. EXCEPTIONS TO THIS ORDER 10. This order does not prohibit you from— (a) paying [up to $ a week/day on] [your ordinary] living expenses; (b) paying [$ on] [your reasonable] legal expenses; (c) dealing with or disposing of any of your assets in the ordinary and proper course of your business, including paying business expenses bona fide and properly incurred; r. 6 -- 23 of 49 -- Part 2—Harmonised Freezing Orders and Search Orders County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 22 (d) in relation to matters not falling within sub- paragraphs (a), (b) or (c), dealing with or disposing of any of your assets in discharging obligations bona fide and properly incurred under a contract entered into before this order was made, provided that before doing so you give the applicant, if possible, at least two working days written notice of the particulars of the obligation. 11. You and the applicant may agree in writing that the exceptions in the preceding paragraph are to be varied. In that case the applicant or you must as soon as practicable file with the Court and serve on the other a minute of a proposed consent order recording the variation signed by or on behalf of the applicant and you, and the Court may thereafter order that the exceptions are varied accordingly. 12. (a) The order will cease to have effect if you— (i) pay the sum of $ into Court; or (ii) pay that sum into a joint bank account in the name of your solicitor and the solicitor for the applicant as agreed in writing between them; or (iii) provide security in that sum by a method agreed in writing with the applicant to be held subject to the order of the Court; (b) Any such payment and any such security will not provide the applicant with any priority over your other creditors in the event of your insolvency; (c) If this order ceases to have effect pursuant to sub-paragraph (a), you must as soon as practicable file with the Court and serve on the applicant notice of that fact. COSTS 13. The costs of this application are reserved. r. 6 -- 24 of 49 -- Part 2—Harmonised Freezing Orders and Search Orders County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 23 PERSONS OTHER THAN THE APPLICANT AND RESPONDENT 14. Set off by banks This order does not prevent any bank from exercising any right of set off it has in respect of any facility which it gave you before it was notified of this order. 15. Bank withdrawals by the respondent No bank need inquire as to the application or proposed application of any money withdrawn by you if the withdrawal appears to be permitted by this order. [For world wide order] 16. Persons outside Australia (a) Except as provided in sub-paragraph (b) below, the terms of this order do not affect or concern anyone outside Australia; (b) The terms of this order will affect the following persons outside Australia— (i) you and your directors, officers, employees and agents (except banks and financial institutions); (ii) any person (including a bank or financial institution) who— (A) is subject to the jurisdiction of this Court; (B) has been given written notice of this order, or has actual knowledge of the substance of the order and of its requirements; and (C) is able to prevent or impede acts or omissions outside Australia which constitute or assist in a disobedience of the terms of this order; and (iii) any other person (including a bank or financial institution), only to the extent that this order is declared enforceable by or is enforced by a court in a country or state that has jurisdiction over that person or over any of that person's assets. r. 6 -- 25 of 49 -- Part 2—Harmonised Freezing Orders and Search Orders County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 24 [For world wide order] 17. Assets located outside Australia Nothing in this order shall, in respect of assets located outside Australia, prevent any third party from complying or acting in conformity with what it reasonably believes to be its bona fide and properly incurred legal obligations, whether contractual or pursuant to a court order or otherwise, under the law of the country or state in which those assets are situated or under the proper law of any contract between a third party and you, provided that in the case of any future order of a court of that country or state made on your or the third party's application, reasonable written notice of the making of the application is given to the applicant. __________________ r. 6 -- 26 of 49 -- Part 2—Harmonised Freezing Orders and Search Orders County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 25 SCHEDULE A UNDERTAKINGS GIVEN TO THE COURT BY THE APPLICANT (1) The applicant undertakes 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 order. (2) As soon as practicable, the applicant will— (a) file a copy of this order and [describe documents required to be filed]; and (b) serve on the respondent copies of this order and [describe documents required to be served]. (3) As soon as practicable, the applicant will cause anyone notified of this order to be given a copy of it. (4) The applicant will pay the reasonable costs of anyone other than the respondent which have been incurred as a result of this order, including the costs of finding out whether that person holds any of the respondent's assets. (5) If this order ceases to have effect 5 the applicant will promptly take all reasonable steps to inform in writing anyone to whom the applicant has given notice of this order, or who the applicant has reasonable grounds for supposing may act upon this order, that it has ceased to have effect. (6) The applicant will not, without leave of the Court, use any information obtained as a result of this order for the purpose of any civil or criminal proceedings, either in or outside Australia, other than this proceeding. (7) The applicant will not, without leave of the Court, seek to enforce this order in any country outside Australia or seek in any country outside Australia an order of a similar nature or an order conferring a charge or other security against the respondent or the respondent's assets. r. 6 -- 27 of 49 -- Part 2—Harmonised Freezing Orders and Search Orders County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 26 [(8) The applicant will— (a) on or before [date] cause an irrevocable undertaking to pay in the sum of $ to be issued by a bank with a place of business within Australia, in respect of any order the court may make pursuant to undertaking (1) above; and (b) immediately upon issue of the undertaking, cause a copy of it to be served on the respondent.]6 __________________ r. 6 -- 28 of 49 -- Part 2—Harmonised Freezing Orders and Search Orders County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 27 SCHEDULE B 7 AFFIDAVITS RELIED ON Name of Deponent of Affidavit Date Affidavit Made NAME AND ADDRESS OF APPLICANT'S LEGAL REPRESENTATIVES The applicant's legal representatives are— [Name, address, reference, fax and telephone numbers both in and out of office hours and e-mail] –––––––––––––––––––––––––––––––––––––––––––––––– 1 The words "without notice to you" and "after the Court has read the affidavits listed in Schedule B to this order" are appropriate only in the case of an order without notice. 2 Paragraph 1 is appropriate only in the case of an order without notice. 3 Paragraph 2 is appropriate only in the case of an order without notice. 4 See Practice Note paragraphs 13 and 14. 5 For example, if the respondent pays money into Court or provides security, as provided for in paragraph 12 of the Order. 6 See Practice Note paragraph 17. 7 Schedule B is appropriate only in the case of an order without notice. __________________ r. 6 -- 29 of 49 -- Part 2—Harmonised Freezing Orders and Search Orders County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 28 FORM 37BA Rule 37B.02 SEARCH ORDER [title of proceeding] PENAL NOTICE TO: [name of person against whom the order is made] IF YOU (BEING THE PERSON BOUND BY THIS ORDER): (A) REFUSE OR NEGLECT TO DO ANY ACT WITHIN THE TIME SPECIFIED IN THE ORDER FOR THE DOING OF THE ACT; OR (B) DISOBEY THE ORDER BY DOING AN ACT WHICH THE ORDER REQUIRES YOU TO ABSTAIN FROM DOING, YOU WILL BE LIABLE TO IMPRISONMENT, SEQUESTRATION OF PROPERTY OR OTHER PUNISHMENT. ANY OTHER PERSON WHO KNOWS OF THIS ORDER AND DOES ANYTHING WHICH HELPS OR PERMITS YOU TO BREACH THE TERMS OF THIS ORDER MAY BE SIMILARLY PUNISHED. TO: [name of person against whom the order is made] This is a "search order" made against you on [insert date] by Justice [insert name of Judge] at a hearing without notice to you after the applicant has given to the Court the undertakings set out in Schedule B to this order and after the Court has read the affidavits listed in Schedule C to this order. The applicant has given to the Court the applicant's undertakings set out in Schedule B to this order. The applicant's solicitor has given to the Court the applicant's solicitor's undertakings set out in Schedule B to this order. r. 6 -- 30 of 49 -- Part 2—Harmonised Freezing Orders and Search Orders County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 29 Each independent solicitor has given to the Court the independent solicitor's undertakings set out in Schedule B to this order. Each independent computer expert has given to the Court the independent computer expert's undertakings set out in Schedule B to this order. THE COURT ORDERS: INTRODUCTION 1. (a) The application for this order is made returnable immediately. (b) The time for service of [describe documents required to be served] is abridged and service is to be effected by [insert time and date]. 2. Subject to the next paragraph, this order has effect up to and including [insert date] ("the return date"). On the return date at [insert time] a.m./p.m. there will be a further hearing in respect of this order before Justice [insert name of Judge]. 3. You may apply to the Court at any time to vary or discharge this order including, if necessary, by telephone to the Judge referred to in the immediately preceding paragraph (telephone no. ) or to the Judge in the Practice Court (telephone no. ). 4. This order may be served only between [insert time] a.m./p.m. and [insert time] a.m./p.m. [on a business day]1 . 5. In this order— (a) "applicant" means the person who applied for this search order, and if there is more than one applicant, includes all the applicants; (b) "independent computer expert" means the person (if any) identified as the independent computer expert in the search party referred to in Schedule A to this order; (c) "independent solicitor" means the person identified as the independent solicitor in the search party referred to in Schedule A to this order; r. 6 -- 31 of 49 -- Part 2—Harmonised Freezing Orders and Search Orders County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 30 (d) "listed thing" means the things referred to in Schedule A to this order; (e) "premises" means the premises and any of the premises identified in Schedule A to this order including any vehicles and vessels that are under the respondent's control on or about those premises or that are otherwise identified in Schedule A; (f) "search party" means the persons identified or described as constituting the search party in Schedule A to this order; (g) "thing" includes document; (h) "you", where there is more than one of you, includes all of you and includes you if you are a corporation; (i) any requirement that something shall be done in your presence means— (i) in the presence of you or of one of the persons described in paragraph 6 below; or (ii) if there is more than one of you, in the presence of each of you or, in relation to each of you, in the presence of one of the persons described in paragraph 6 below. 6. This order must be complied with by you by— (a) yourself; (b) any director, officer, partner and responsible employee or agent of yourself; or (c) any other person having responsible control of the premises. 7. This order must be served by, and be executed under the supervision of, the independent solicitor. ENTRY AND SEARCH 8. Subject to paragraphs 10 to 19 below, upon service of this order you must permit members of the search party to enter the premises so that they can carry out the search and other activities referred to in this order. r. 6 -- 32 of 49 -- Part 2—Harmonised Freezing Orders and Search Orders County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 31 9. Having permitted members of the search party to enter the premises, you must— (a) permit them to leave and re-enter the premises on the same and the following day until the search and other activities referred to in this order are complete; (b) permit them to search for and inspect the listed things and to make or obtain a copy, photograph, film, sample, test or other record of the listed things; (c) disclose to them the whereabouts of all the listed things in the respondent's possession, custody or power, whether at the premises or otherwise; (d) disclose to them the whereabouts of all computers, computer disks and electronic information storage devices or systems at the premises in which any documents among the listed things are or may be stored, located or recorded and cause and permit those documents to be printed out; (e) do all things necessary to enable them to access the listed things, including opening or providing keys to locks and enabling them to access and operate computers and providing them with all necessary passwords; (f) permit the independent solicitor to remove from the premises into the independent solicitor's custody— (i) the listed things or things which reasonably appear to the independent solicitor to be the listed things and any things the subject of dispute as to whether they are listed things; (ii) the copies, photographs, films, samples, tests, other records and printed out documents referred to above; and (g) permit the independent computer expert (if there is one) to search any computer and make a copy or digital copy of any computer hard drive and permit the independent computer expert (if any) or the independent solicitor to remove any computer hard drive and computer from the r. 6 -- 33 of 49 -- Part 2—Harmonised Freezing Orders and Search Orders County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 32 premises as set out in paragraphs 20 and 21 below. RESTRICTIONS ON ENTRY, SEARCH AND REMOVAL 10. This order must not be executed at the same time as the execution by the police or other proper authority of a search warrant. 11. You are not required to permit anyone to enter the premises until— (a) the independent solicitor serves you with copies of this order and the documents referred to in Schedule C (confidential exhibits, if any, need not be served until further order of the Court); and (b) you are entitled to read this order and to have the independent solicitor explain the terms of this order to you. 12. Before permitting entry to the premises by anyone other than the independent solicitor, you, for a time (not to exceed two hours from the time of service or such longer period as the independent solicitor may permit)— (a) may seek legal advice; (b) may ask the Court to vary or discharge this order; (c) (provided you are not a corporation) may gather together any things which you believe may tend to incriminate you or make you liable to a civil penalty and hand them to the independent solicitor in (if you wish) a sealed envelope or container; and (d) may gather together any documents passing between you and your lawyers for the purpose of obtaining legal advice or otherwise subject to legal professional privilege or client legal privilege, and hand them to the independent solicitor in (if you wish) a sealed envelope or container. r. 6 -- 34 of 49 -- Part 2—Harmonised Freezing Orders and Search Orders County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 33 13. Subject to paragraph 22 below, the independent solicitor must not inspect or permit to be inspected by anyone, including the applicant and the applicant's solicitors, any thing handed to the independent solicitor in accordance with paragraphs 12(c) and (d) above and the independent solicitor must deliver it to the Court at or prior to the hearing on the return date. 14. During any period referred to in paragraph 12 above, you must— (a) inform and keep the independent solicitor informed of the steps being taken; (b) permit the independent solicitor to enter the premises but not to start the search; (c) not disturb or remove any listed things; and (d) comply with the terms of paragraphs 25 and 26 below. 15. Any thing the subject of a dispute as to whether it is a listed thing must promptly be handed by you to the independent solicitor for safekeeping pending resolution of the dispute or further order of the Court. 16. Before removing any listed thing from the premises (other than the things referred to in the immediately preceding paragraph), the independent solicitor must supply a list of them to you, give you a reasonable time to check the correctness of the list, and give you and the applicant's solicitors a copy of the list signed by the independent solicitor. 17. The premises must not be searched, and things must not be removed from the premises, except in the presence of you or of a person who appears to the independent solicitor to be your director, officer, partner or employee, agent or other person acting on your behalf or on your instructions. 18. If the independent solicitor is satisfied that full compliance with the immediately preceding paragraph is not reasonably practicable, the independent solicitor may permit the search to proceed and the listed things to be removed without full compliance. r. 6 -- 35 of 49 -- Part 2—Harmonised Freezing Orders and Search Orders County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 34 19. The applicant's solicitors and the independent solicitor must not allow the applicant in person to inspect or have copies of any thing removed from the premises nor communicate to the applicant information about their contents or about anything observed at the premises until 4.30 p.m. on the return date or other time fixed by further order of the Court. COMPUTERS 20. (a) If it is expected that a computer will be searched, the search party must include a computer expert who is independent of the applicant and of the applicant's solicitors ("the independent computer expert"). (b) Any search of a computer must be carried out only by the independent computer expert. (c) The independent computer expert may make a copy or digital copy of the computer hard drive and remove that copy or digital copy from the premises. (d) The independent computer expert may search the computer or the copy or digital copy of the computer hard drive at the premises or away from the premises or both for listed things and may copy the listed things electronically or in hard copy or both. (e) The independent computer expert must as soon as practicable and, in any event, prior to the hearing on the return date, deliver the copy or digital copy of the computer hard drive and all electronic and hard copies of listed things to the independent solicitor, together with a report of what the independent computer expert has done including a list of such electronic and hard copies. (f) The independent solicitor must, at or prior to the hearing on the return date, deliver to the Court all things received from the independent computer expert and serve a copy of the latter's report on the parties. r. 6 -- 36 of 49 -- Part 2—Harmonised Freezing Orders and Search Orders County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 35 (g) If no independent computer expert has been appointed, but the independent solicitor considers it necessary to remove a computer from the premises for safekeeping or for the purpose of copying its contents electronically and printing out information in documentary form, the independent solicitor may remove the computer from the premises for that purpose and cause that purpose to be achieved. 21. (a) Unless you are a corporation, you are entitled to object to paragraphs 20(b) to (f) on the ground that they might tend to incriminate you or make you liable to a civil penalty. (b) You are entitled to object to paragraphs 20(b) to (f) on the ground that the computer contains material that is otherwise privileged. (c) Upon communicating any objection under sub- paragraph (a) or (b) to the independent solicitor, paragraphs 20(b) to (f) become inoperative to the extent that you have objected to them. In that event, if the applicant's solicitor communicates to the independent solicitor that the applicant proposes to contest the objection— (i) the independent computer expert shall remove the computer hard drive (or, if that is not practicable, the computer) from the premises and deliver it into the custody of the independent solicitor who shall deliver it to the Court at or prior to the return date; (ii) on the return date or on another date, the applicant may apply to the Court for orders to similar effect as paragraphs 20(b) to (f) and if you object, the Court may adjudicate upon your objection. INSPECTION 22. Prior to the return date, you or your solicitor or representative shall be entitled, in the presence of the independent solicitor, to inspect any thing removed from the premises and to— (a) make copies of the same; and r. 6 -- 37 of 49 -- Part 2—Harmonised Freezing Orders and Search Orders County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 36 (b) provide the independent solicitor with a signed list of things which are claimed to be privileged or confidential and which you claim ought not to be inspected by the applicant. PROVISION OF INFORMATION 23. Subject to paragraph 24 below you must— (a) at or before the further hearing on the return date (or within such further time as the Court may allow) to the best of your ability inform the applicant in writing as to— (i) the location of the listed things; (ii) the name and address of everyone who has supplied you, or offered to supply you, with any listed thing; (iii) the name and address of every person to whom you have supplied, or offered to supply, any listed thing; and (iv) details of the dates and quantities of every such supply and offer; and (b) within [ ] working days after being served with this order, swear and serve on the applicant an affidavit setting out the above information. 24. (a) This paragraph 24 applies if you are not a corporation and you wish to object that compliance with paragraph 23 may tend to incriminate you or make you liable to a civil penalty. (b) This paragraph 24 also applies if you are a corporation and all of the persons who are able to comply with paragraph 23 on your behalf and with whom you have been able to communicate, wish to object that compliance with paragraph 23 may tend to incriminate them or make them liable to a civil penalty. (c) You must, at or before the further hearing on the return date (or within such further time as the Court may allow) notify the applicant in writing that you or all the persons referred to in sub- paragraph (b) wish to take such objection and identify the extent of the objection. r. 6 -- 38 of 49 -- Part 2—Harmonised Freezing Orders and Search Orders County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 37 (d) If you give such notice, you need comply with paragraph 23 only to the extent, if any, that is possible without disclosure of the material in respect of which the objection is taken. (e) If you give such notice, the Court may give directions as to the filing and service of affidavits setting out such matters as you or the persons referred to in sub-paragraph (b) wish to place before the Court in support of the objection. PROHIBITED ACTS 25. Except for the sole purpose of obtaining legal advice, you must not, until 4.30 p.m. on the return date, directly or indirectly inform any person of this proceeding or of the contents of this order, or tell any person that a proceeding has been or may be brought against you by the applicant. 26. Until 4.30 p.m. on the return date you must not destroy, tamper with, cancel or part with possession, power, custody or control of the listed things otherwise than in accordance with the terms of this order or further order of the Court. COSTS 27. The costs of this application are reserved. __________________ r. 6 -- 39 of 49 -- Part 2—Harmonised Freezing Orders and Search Orders County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 38 SCHEDULE A Premises The premises located at [insert address or addresses] including any vehicle or vessel or vehicles or vessels under the respondent's control on or about those premises. Listed Things 1. 2. 3. Search Party 1. The independent solicitor: [insert name and address] 2. The applicant's solicitor or solicitors: (a) [insert name and address] [or description e.g. a partner or employed solicitor] of [name of firm]; (b) [insert name and address] [or description e.g. a partner or employed solicitor] of [name of firm]; (c) [insert name and address] [or description e.g. a partner or employed solicitor] of [name of firm]. 3. Other members of the search party: (a) [insert name and address] in the capacity of [e.g. an independent computer expert]; (b) [insert name and address] in the capacity of [insert capacity]. __________________ r. 6 -- 40 of 49 -- Part 2—Harmonised Freezing Orders and Search Orders County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 39 SCHEDULE B UNDERTAKINGS GIVEN TO THE COURT Undertakings given to the Court by the applicant: (1) The applicant undertakes 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 order. (2) The applicant will not, without leave of the Court, use any information, document or thing obtained as a result of the execution of this order for the purpose of any civil or criminal proceeding, either within or outside Australia, other than this proceeding. (3) The applicant will not inform any other person of the existence of this proceeding except for the purposes of this proceeding until after 4.30 p.m. on the return date. (4) If the applicant has not already done so, as soon as practicable the applicant will file a copy of this order and [describe documents required to be filed]. [(5) The applicant will insure the things removed from the premises against loss or damage for an amount that reasonably appears to the applicant to be their full value.]2 [(6) The applicant will3 — (a) on or before [insert date] cause a written irrevocable undertaking to pay in the sum of $ [insert amount] to be issued from a bank with a place of business within Australia, in respect of any order the Court may make referred to in the undertaking as to damages referred to in undertaking (1) above; and (b) immediately upon issue of the irrevocable undertaking to pay, cause a copy of it to be served on the respondent.] r. 6 -- 41 of 49 -- Part 2—Harmonised Freezing Orders and Search Orders County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 40 Undertakings given to the Court by the applicant's solicitor: (1) The applicant's solicitor will pay the reasonable costs and disbursements of the independent solicitor and of any independent computer expert. (2) The applicant's solicitor will provide to the independent solicitor for service on the respondent copies of this order and the documents which are listed in Schedule C. (3) The applicant's solicitor will answer at once to the best of his or her ability any question as to whether a particular thing is a listed thing. (4) The applicant's solicitor will use his or her best endeavours to act in conformity with the order and to ensure that the order is executed in a courteous and orderly manner and in a manner that minimises disruption to the respondent. (5) The applicant's solicitor will not, without leave of the Court, use any information, document or thing obtained as a result of the execution of this order for the purpose of any civil or criminal proceeding, either within or outside Australia, other than this proceeding. (6) The applicant's solicitor will not inform any other person of the existence of this proceeding except for the purposes of this proceeding until after 4.30 p.m. on the return date. (7) The applicant's solicitor will not disclose to the applicant any information that the solicitor acquires during or as a result of execution of the search order, without leave of the Court. (8) The applicant's solicitor will use his or her best endeavours to follow all directions of the independent solicitor. Undertakings given to the Court by the independent solicitor: (1) The independent solicitor will use his or her best endeavours to serve the respondent with this order and the other documents referred to in undertaking (2) of the above undertakings by the applicant's solicitor or solicitors. r. 6 -- 42 of 49 -- Part 2—Harmonised Freezing Orders and Search Orders County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 41 (2) Before entering the premises, the independent solicitor will— (a) offer to explain the terms of the search order to the person served with the order and, if the offer is accepted, do so; (b) inform the respondent of his or her right to take legal advice. (3) Subject to undertaking (4) below, the independent solicitor will retain custody of all things removed from the premises by the independent solicitor pursuant to this order until delivery to the Court or further order of the Court. (4) At or before the hearing on the return date, the independent solicitor will provide a written report on the carrying out of the order to the Court and provide a copy to the applicant's solicitors and to the respondent or the respondent's solicitors. The report will attach a copy of any list made pursuant to the order and a copy of any report received from an independent computer expert. (5) The independent solicitor will use his or her best endeavours— (a) to ensure that members of the search party act in conformity with the order; and (b) to ensure that the order is executed in a courteous and orderly manner and in a manner that minimises disruption to the respondent; and (c) to give such reasonable directions to other members of the search party as are necessary or convenient for the execution of the order. (6) The independent solicitor will not, without leave of the Court, use any information, document or thing obtained as a result of the execution of this order for the purpose of any civil or criminal proceeding, either within or outside Australia, other than this proceeding. (7) The independent solicitor will not inform any other person of the existence of this proceeding except for the purposes of this proceeding until after 4.30 p.m. on the return date. r. 6 -- 43 of 49 -- Part 2—Harmonised Freezing Orders and Search Orders County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 42 Undertakings given to the Court by the independent computer expert: (1) The independent computer expert will use his or her best endeavours to act in conformity with the order and to ensure that the order, so far as it concerns the independent computer expert, is executed in a courteous and orderly manner and in a manner that minimises disruption to the respondent. (2) The independent computer expert will not, without leave of the Court, use any information, document or thing obtained as a result of the execution of this order for the purpose of any civil or criminal proceeding, either within or outside Australia, other than this proceeding. (3) The independent computer expert will not inform any other person of the existence of this proceeding except for the purposes of this proceeding until after 4.30 p.m. on the return date. (4) The independent computer expert will use his or her best endeavours to follow all directions of the independent solicitor. __________________ r. 6 -- 44 of 49 -- Part 2—Harmonised Freezing Orders and Search Orders County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 43 SCHEDULE C DOCUMENTS THAT MUST BE SERVED WITH THIS ORDER The following affidavits and exhibits to them: Name of deponent Date affidavit was made Exhibits numbered (1) (2) (3) The following written submissions put to the Court: Other documents provided to the Court: A transcript [note] of any oral allegation of fact that was made, and of any oral submission that was put, to the Court: The originating motion [draft originating motion] produced to the Court: The summons [draft summons] produced to the Court: NAME AND ADDRESS OF APPLICANT'S SOLICITORS The Applicant's solicitors are: [insert name, address, reference, fax and telephone numbers both in and out of office hours and e-mail]. –––––––––––––––––––––––––––––––––––––––––––––––– r. 6 -- 45 of 49 -- Part 2—Harmonised Freezing Orders and Search Orders County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 44 1 Normally the order should be served between 9:00 a.m. and 2:00 p.m. on a weekday to enable the respondent more readily to obtain legal advice. 2 Depending on the nature of the things likely to be removed and their likely value, and the likely particular risks of their being lost or damaged, this undertaking or a more elaborate one may be required. 3 See Practice Note paragraph 18. __________________'. __________________ r. 6 -- 46 of 49 -- Part 3—Miscellaneous amendments County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 45 PART 3—MISCELLANEOUS AMENDMENTS 7 Form and content For Rule 27.03(11) of the Principal Rules, substitute— "(11) The particulars referred to in paragraph (8)(c) are— (a) the name, address, telephone number, document exchange number and code reference of the solicitor's firm; and (b) the name and e-mail address (if any) of an individual in the firm to whom reference can be made in respect of the proceeding.". 8 Substitution of definition In Rule 72.01 of the Principal Rules, for the definition of "net earnings" substitute— ' "net earnings" in relation to a pay-day means the amount of the earnings becoming payable by a particular employer on that pay- day after making all proper deductions under income tax legislation of the Commonwealth;'. Dated: 23 November 2006 M. ROZENES, Chief Judge F. J. SHELTON L. S. OSTROWSKI W. R. WHITE J. T. DUGGAN A. P. DUCKETT M. D. HIGGINS M. B. HARBISON J. H. BARNETT T. M. HOLT M. G. McINERNEY C. D. DOUGLAS T. G. WODAK T. D. WOOD r. 7 -- 47 of 49 -- Part 3—Miscellaneous amendments County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 46 J. R. BOWMAN W. A. WILMOTH J. A. NICHOLSON F. MILLANE S. M. COHEN F. P. HAMPEL I. E. LAWSON P. D. GRANT E. M. GAYNOR D. A. PARSONS P. J. COISH S. E. PULLEN K. R. HOWIE L. A. HANNAN J. A. CAMPTON M. D. MURPHY R. F. PUNSHON F. G. DYETT ═══════════════ r. 7 -- 48 of 49 -- County Court (Chapter I Amendment No. 19) Rules 2006 S.R. No. 167/2006 47 ENDNOTES 1 Rule 4: S.R. No. 20/1999. Reprint No. 3 as at 25 January 2006. Endnotes -- 49 of 49 --