Concerned that the other party may destroy essential evidence before your court case? Or perhaps wondering whether you have to allow the other party into your premises? Whichever side you are on, knowing about Anton Pillar orders and the requirements is important. Understanding your rights and the other party’s rights in cases with Anton Piller orders is essential to protect you and your business’s interests.
What is Anton Pillar order in Australia?
Anton Piller orders, also known as search orders, are similar to police search warrants but in civil cases. The order allows the plaintiff to enter into the premises of the defendant to search and obtain relevant material and evidence for their case.
The purpose of an Anton Piller order is to prevent the defendant from destroying or hiding relevant material for the plaintiff’s, or applicant’s, case. The Court is responsible for making an order after analysing the applicant’s submissions. Furthermore, if the defendant refuses the plaintiff to enter their premises after an order, they risk contempt of court.
When Will the Court Grant One?
Obviously, an Anton Piller order is a serious invasion of the defendant’s privacy. The Court will only approve an order if:
- A strong prima facie (upon initial assessment) case against the defendant.
- The applicant will suffer damage, whether actual or potential.
- Strong evidence that the defendant possesses the relevant material or evidence.
- Proof that the defendant will destroy or attempt to conceal the relevant evidence.
Importantly, due to the purpose of this order, the Court will conduct an Anton Piller order ex parte. Ex parte means that only the applicant attends the court hearing.
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Thus, the applicant has the responsibility to fully disclose all relevant facts, including possible defences by the defendant. The Court will also not grant an Anton Piller order if a subpoena, or other interlocutory injunction, would be sufficient. Furthermore, if there is a delay in seeking an order, the Court will not grant an order as this may indicate the damages suffered would not be significant.
How Do Anton Piller Orders Work?
Anton Piller orders work by having a search party appear at the defendant’s premises. The party will consist of the applicant’s lawyer, an independent lawyer and other independent experts that may be required (i.e. a computer expert for intellectual property cases). The independent lawyer will be there to monitor the execution of the order. Upon being served the order, the defendant will usually be allowed to receive legal advice.
Upon being granted entry, the applicant is only allowed to seize according to the order’s terms. If either party infringes the order, they risk being held in contempt of court. Contempt of court can result in significant fines and prison sentences. Also keep in mind, that one can always challenge the validity of the order’s terms or execution afterwards. Finally, besides the applicant’s lawyer, no other individual, may appear on the applicant’s behalf in carrying out an order.
Conclusion
Thus, Anton Piller orders are an extreme option when there concerns that a defendant may destroy relevant evidence. Of course, it depends on the circumstances of the case, so legal advice is essential if you are considering or receiving an Anton Piller order.
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