Anton Pillar Orders
12th December 2017
By Camilla Brown
Have you recently separated? Are you concerned that your former spouse might be concealing information from you? Are you eager to progress a timely settlement of your matter?
If so then continue reading as the below information is likely to be of great assistance to you.
Anton Pillar Orders or ‘search orders’ (as they are more widely recognized) are gaining increasing traction in Family Law.
What is an Anton Pillar Order?
An Anton Pillar Order is the result of an Application to the Court, typically made on an urgent, ‘ex parte’ basis i.e. in the absence of and without notice to the recipient. The Order, if made, is designed to preserve important evidence pending the hearing of the Applicant’s case, for example, where the Court deems that there is a significant risk that such evidence might otherwise be tampered with or destroyed. An Anton Pillar Order compels the recipient of the Order to permit specified persons comprising the ‘search party’ to enter the recipient’s home or business premises to search, inspect, copy and remove the items described in the Anton Pillar Order.
An Anton Pillar Order is considered an extraordinary remedy given its highly disruptive and intrusive nature.
Why do they arise in Family Law Matters?
- Financial matters.
Family Law solicitors attempting to progress a property matter may encounter a ‘stalemate’ when their opposing party is not forthcoming with disclosing documents in relation to their financial circumstances. Issuing a subpoena to compel the production of such documents is the first port of call. There are, however, increasing incidents of non-compliance in relation to subpoenas. This is especially the case in complex financial matters where third parties are involved. For an Anton Pillar Order to be justified, it would have to be proved that the sought-after documents are at risk of being imminently destroyed, thereby creating the need to ‘catch-out’ the recipient of the order.
- Parenting matters where there is an allegation of risk.
In parenting matters where there are very serious allegations of risk, the Family Court may waive a person’s right to privacy so that harmful or illegal material may be seized in order to protect the best interests of a child. This may assist the Court to determine necessary conditions for a parent to communicate and spend time with a child. It is however imperative that when carrying out a search order not only the objectives of the order are met. Of equal importance is keeping the potential for disruption or damage to the recipient to a minimum and similarly, avoiding a breach of the Court’s processes. For example, the search party must include an Independent Lawyer who will supervise the search (and the Applicant’s solicitors) in addition to explaining the terms of the order to the recipient and making them aware of their rights in relation to the order.
If you would like advice in relation to the above information or assistance in relation to your separation, please contact us on 94370010 or firstname.lastname@example.org to discuss in complete confidence. We are conveniently situated in St Leonards on Sydney’s Lower North Shore and have a team of experienced and caring professional Family Lawyers available to help you.
These posts are only intended as an overview or comment on current issues that may interest you and are not legal advice. If there are any matters that you would like us to advise you on, then please contact us.