Background
The Council of Chief Justices of Australia and New Zealand (Council) adopted the harmonised rules relating to search orders in 2006. Search orders are also known as “Anton Piller Orders”.
The main difference between the search orders rules at Federal and Supreme Court level is the extent to which particular jurisdictions have adopted the requirements in the harmonised practice note as formal rules of court.
The harmonised rules cover the following topic areas regarding search orders:
- Search orders
- Requirements for grant of search order
- Jurisdiction
- Terms of search order
- Independent lawyers
- Costs
Implementation of the harmonised rules
The harmonised rules have been adopted in similar form in all Australian jurisdictions, and by the High Court of New Zealand, as follows:
The harmonised rules have been adopted in similar form in all Australian jurisdictions, and by the High Court of New Zealand, as follows:
Federal Court of Australia | Division 7.5 – Search orders of Federal Court Rules 2011 (Cth)
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Australian Capital Territory | Subdivision 2.9.4.3 of the Court Procedure Rules 2006 (ACT)
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New South Wales | Division 3 of the Uniform Civil Procedure Rules 2005 (NSW)
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New Zealand | Part 33 of the High Court Rules 2016 (NZ)
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Northern Territory | Order 37B of the Supreme Court Rules (NT)
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Queensland | Division 3 of the Uniform Civil Procedure Rules 1999 (Qld)
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South Australia | Chapter 10, Part 2, Division 1 of the Uniform Civil Rules 2020 (SA)
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Tasmania | Division 1B of the Supreme Court Rules 2000 (TAS)
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Victoria | Order 37B of the Supreme Court (General Civil Procedure) Rules 2015 (Vic)
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Western Australia | Order 52B of the Rules of the Supreme Court 1971 (WA)
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The Federal Circuit and Family Court of Australia (Division 1) has not adopted the harmonised rules relating to search orders. Part 5.4, Division 5.4.2 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) deals with applications for Anton Piller Orders.
Practice Notes
The harmonised practice note introduced in the Federal Court in 2006 has been adopted in substantially similar form in the following jurisdictions:
Federal Court of Australia | Search Orders Practice Note (GPN-SRCH)
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Australian Capital Territory | Practice Note 2 of 2008 NI2008-78 Search Orders (also known as 'Anton Piller Orders')
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New South Wales | Practice Note SC Gen 13 Supreme Court - Search Orders (also known as 'Anton Piller Orders')
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Northern Territory | Practice Direction 6 of 2006 Anton Piller Orders
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Queensland | Practice Direction 2 of 2007 - District Court Practice Direction 2 of 2007 - Supreme Court
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South Australia | Schedule 2 of the Uniform Civil Rules 2020 (SA) |
Tasmania | Practice Direction 4 of 2006 Search Orders (Also known as 'Anton Piller Orders')
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Victoria |
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