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.
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.
An Interlocutory Injunction (also known as an interim injunction) is a temporary injunction which can be sought at any time during a Court proceeding. They are normally sought at the start of an intellectual property infringement proceeding. If granted, it is issued until a set date or a further order.
An interlocutory injunction is not automatically granted. Rather an Applicant must demonstrate to a Court of law that it is fair and equitable to issue. During the injunction period the proceeding on the issues of the case will continue.
An interlocutory injunction must be filed as part of a proceeding. Therefore an Applicant cannot simply ask for a permanent injunction without anything more because the Respondent has the right to defend itself at a hearing. If the Applicant in successful in its case then a permanent injunction will be issued if it is appropriate to do so. If you need injunction orders to protect your rights, call EAGLEGATE today.
A Freezing Order is an injunction order which freezes assets until a particular time or further order. The purpose of a freezing Order is to protect the assets from being disposed of whilst there is a hearing on a legal issue.
A Freezing order, or Mareva Order, is most commonly sought during marriage separation to stop one party spending the family assets. However, they are also issued against Respondents who have received funds or which hold assets, the ownership of which is being disputed.
It is not a mandatory injunction but if issued the Respondent must comply.
If you need to freeze assets call EAGLEGATE today.
An Anton Piller Search Order, or civilian search order is a very special order that allows the right to search premises and seize evidence without warning.
This type of order is a form of search warrant. The object of an Anton Piller Search is to protect evidence which might be destroyed if the Respondent is put on notice of the intended search or the dispute.
The search is conducted by independent solicitors and the evidence seized is provided to the Court. The evidence is not given to the Applicant unless an order permits that to occur. But most commonly will be provided to independent experts, such as independent forensic experts.
A Respondent to a civilian search order must be given the opportunity to take legal advice on the legal issues and have their legal representative present during the search.
Among other things, an Applicant for an Anton Piller Search Order must demonstrate to the Court that the evidence will be destroyed if the other party is put on notice of the dispute.
If you need to protect evidence and require a search warrant, call EAGLEGATE today for a free initial consultation.
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.
Call EAGLEGATE today.
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.
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.