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What is a search and seize order?

These orders were previously referred to as Anton Piller Orders. Courts can grant these orders in order to preserve evidence or property. This can be because the item is the subject of an action or because a question has arisen in an action in relation to that item. The purpose of the order is to find and preserve the relevant information or property. 
Search and seize order are very expensive to obtain and also to execute and are only granted where it has been determined as strictly necessary in the interests of justice. This is because they are a serious infringement of the respondents rights and freedoms.

There are less serious orders (such as where the respondent is ordered to provide certain information to the claimants representative but without granting access to the respondents property to search for it themselves). These orders require the element of surprise and so are usually done without notice, since the purpose is to search the respondents premise to obtain information or property before they have a change to remove or destroy it.
 

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