Interlocutory injunction, Mareva Orders and Anton Piller Orders (Civilian search orders)
What is an Injunction
An injunction is a legal and equitable remedy from a Court. It is an order requiring a certain act. It compels a person to do an act or refrain from doing an act.
The purpose of an injunction is to put a stop to ongoing or repeated acts which violates a persons rights or causes damages to a person.
Our lawyers are experienced in obtaining orders to stop rights being violated. Our practice areas include Patents, Trade Marks and Copyrights.
How Do You Obtain an Injunction
Injunctions, including Interlocutory Injunctions, Mareva Orders, Anton Piller Orders and Civilian Search Orders, are not granted automatically. The Applicant must show reasons why an injunction should be given. The Court will assess whether there is a trialable issue and whether it should be given on the balance of convenience. The inconvenience caused to the Respondent by the granting of the injunction must be curable, such as by payment of damages or not. Damages must be an adequate remedy. If irreparable harm is being incurred then the Court will be more likely to issue the injunction. A Court may also assess the damages suffered (or likely suffered) by others, including the Applicant and whether those damages can be compensated.In that respect it may be issued due to public interest.
A breach of the order is an act of Contempt of Court which carries a criminal charge.
The Applicant must undertake to pay damages to any person who suffers damages due to the granting of the injunction. That undertaken must be given to the “world at large” and is not just given to the Respondent. An injunction will not be given without that undertaking.
It is vital that an Applicant does not delay in seeking the injunction.Because a Court is likely to maintain the status quo if the acts have continued for a period of time.
As expert intellectual property lawyers in Brisbane, EAGLEGATE understands the litigation process, injunctions, intellectual property case law and defences. We will guide you through the process of obtaining an injunction, litigation, enforcing your rights or defending a claim.
Clients don’t buy our time, they buy our years of experience.
Search orders, Computer Programs and Data theft Cases
Anton Piller Orders are an ideal tool to obtain when you believe that your competitor is using your software, source code or computer programs. It allows an Applicant to protect the digital evidence in a case so that it may prove its claim against the other party.
We have obtained search orders to stop evidence from being deleted. We are experienced in software theft cases and our Principal worked as a computer programmer for 10 years before going into the law. She EXCELS at these cases.
WE ARE EXPERIENCED IN OBTAINING INJUNCTIONS
EAGLEGATE’s founding Partner, Nicole Murdoch, is an Engineer, a registered Trade Marks Attorney and has over 10 years of industry experience in the IT industry. She has practised IP law for over 10 years. She aims to settle cases on commercially sensible and economic terms without having to proceed to court. She has obtained and conducted Anton Piller Searches to preserve evidence and successfully obtained rulings for clients to protect their rights. EAGLEGATE can assist you to obtain an Injunction, Mareva Order, Freezing Order, or other Court Orders to protect your rights
Stuart Efstathis’ background is in Applied Science, majoring in Biotechnology. Stuart is able to assist in matters regarding IP law and enforcement of intellectual property rights.
Thank you for your interest in our firm. Please complete the contact form and one of our injunction lawyers will contact you as soon as possible. Please note we cannot provide legal advice without a client agreement in place
If you prefer to call us, we can be reached at: +61 7 386 22271.