Where the
Court is considering making an "Anton Piller" or analogous
order, appropriate undertakings or conditions to the order
which have regard to the following matters will ordinarily
be required or imposed:
1. In general, such orders
should be permitted to be executed during business hours
only.
2. It is desirable that the
order and all relevant Court documents be served, and
execution of the order supervised, by a solicitor other
than a member of the firm of solicitors acting for the
applicant. Alternatively, the applicant may be required
to give an undertaking that independent legal advice
will be made available to the occupier of the premises
to which the order relates before the order is executed.
The solicitor supervising execution of the order will
be required to prepare a written report about the execution
of the order and a copy of that report will be required
to be served on the respondent and presented to the
Court as soon as practicable.
3. If the order directs an
occupant of residential premises to permit a search
of the premises to be carried out and the applicant
is aware that at the time at which the service of the
order is effected the occupant of the premises is likely
to be a women, the supervising solicitor is to be, or
to be accompanied by, a woman.
4. The person to whom the order
is directed should be advised of the right to obtain
legal advice before the order is executed provided that
the advice is able to be obtained promptly.
5. Safeguards should be included
in the order that will prevent applicants in person
searching for and examining the documents of a trade
rival.
6. An inventory of items seized
should be prepared and the occupant given the opportunity
to check the inventory and given a signed copy of the
inventory before any items are removed.
7. The period during which
a person may be restrained from informing any other
person (other than a solicitor) of the existence of
the order should be as short as possible.
8. In some cases it may be
appropriate for the Court to order that the material
seized be delivered to an independent person to be held
without disclosure to the applicant pending an inter
partes hearing of the matters in issue, at which
the respondent may present argument why the material
should not be disclosed to the applicant.
9. If an independent custodian
is to hold seized material the custodian may be required
to provide a written undertaking to retain the material
without disclosure to any person until further order.
