Anton Piller (search) order application preparation checklist
An Anton Piller order permits the applicant to enter the respondent's premises and search for and preserve evidence that might otherwise be destroyed. It is one of the most intrusive remedies available and courts grant them only in exceptional circumstances. The three requirements from Anton Piller KG v Manufacturing Processes Ltd must all be met.
This is a 12-step checklist for preparing an Anton Piller (search) order application in Australian courts. It covers the three threshold requirements, independent solicitor appointment, and execution safeguards.
The checklist
Establish strong prima facie case
Prepare evidence establishing an extremely strong prima facie case on the underlying cause of action — a higher threshold than for ordinary interlocutory relief.
Demonstrate serious potential damage
Adduce evidence that the damage to the applicant will be very serious if the order is not made — mere inconvenience is insufficient.
Show real risk of destruction
Demonstrate clear evidence that the respondent possesses the relevant documents or things and that there is a real possibility they will be destroyed or concealed.
Prepare detailed supporting affidavit
Draft a comprehensive affidavit deposing to the facts satisfying all three requirements, the items sought, and the premises to be searched.
Full and frank disclosure
Make full and frank disclosure of all material facts, including any matters adverse to the application. The duty is at its highest for search orders.
Draft proposed search orders
Draft the proposed orders using the court's standard form search order, specifying the premises, the items to be searched for, and the maximum duration of the search.
Nominate independent solicitor
Nominate an independent solicitor (not from the applicant's firm) to supervise the execution of the search order and report to the court.
Prepare undertaking as to damages
Prepare the applicant's undertaking as to damages and evidence of financial capacity. The potential exposure can be significant if the order is later found to have been wrongly obtained.
Plan execution logistics
Plan the execution team, timing, and logistics. The search should be conducted at a reasonable hour and the respondent must be given time to obtain legal advice before entry.
Prepare respondent's information notice
Prepare the notice to be served on the respondent explaining their rights, including the right to seek legal advice before permitting entry and the right to apply to discharge the order.
Address privilege and confidentiality
Establish protocols for handling privileged or confidential material discovered during the search, including sealing and independent review.
Prepare for the return date
Prepare for the return date hearing including the independent solicitor's report, any application to continue or discharge the order, and submissions on costs.
When this checklist applies
Use when there is a real risk that a respondent will destroy critical evidence — typically in intellectual property infringement, fraud, or breach of confidence cases.
Common pitfalls
- Insufficient evidence of the respondent's propensity to destroy documents
- Not appointing a genuinely independent supervising solicitor
- Executing the search in an oppressive manner that leads to discharge
- Failing to allow the respondent reasonable time to obtain legal advice
- Non-disclosure on the ex parte application leading to discharge and costs
Run this checklist on a real matter
Quillio can research search order precedents, draft affidavit outlines, and help identify the evidentiary threshold for your specific facts. See /practice-areas/litigation or start a free trial.
General search order guidance only. Anton Piller orders are exceptional remedies — obtain specialist litigation advice before applying.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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