Aristocrat Technologies Australia Pty Ltd (ACN 001 660 715) v Global Gaming Supplies Pty Ltd (ACN 008 548 589) [2006] FCA 1707

Aristocrat Technologies Australia Pty Ltd (ACN 001 660 715) v Global Gaming Supplies Pty Ltd (ACN 008 548 589) [2006] FCA 1707

The only objections to inspection permissible under the implementation orders are based on privilege or confidentiality; the respondents' attempt to limit access by relevance or accrued cause of action is inconsistent with the orders and established practice. Orders largely maintained except for deletion of Home Office v Harman exemption.

Jurisdiction
Australia
Judgment Date
30 November 2006
Procedural Posture
Practice and Procedure / Interlocutory Application Regarding Inspection Regime Under Search Orders
Outcome
Orders varied; objections limited to privilege/confidentiality; Home Office v Harman exemption (Order 16) set aside; applicants permitted broader inspection.
Legal Topics
['search Orders' 'inspection of Documents' 'privilege and Confidentiality in Discovery' 'implementation of Anton Piller Orders']
['practice and Procedure' 'copyright'] ['search Orders' 'inspection of Documents' 'privilege and Confidentiality in Discovery' 'implementation of Anton Piller Orders']

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Procedural Posture

Practice and Procedure / Interlocutory Application Regarding Inspection Regime Under Search Orders

Legal Issues

  1. 1 ['Proper construction and application of consent implementation orders following execution of search (Anton Piller) orders' 'Scope of objections available under implementation orders' 'Whether amendments warranted to implementation orders given large volume of seized electronic materials']

Ratio Decidendi

The only objections to inspection permissible under the implementation orders are based on privilege or confidentiality; the respondents' attempt to limit access by relevance or accrued cause of action is inconsistent with the orders and established practice. Orders largely maintained except for deletion of Home Office v Harman exemption.

Court Disposition

Orders varied; objections limited to privilege/confidentiality; Home Office v Harman exemption (Order 16) set aside; applicants permitted broader inspection.

Orders

  • ['Order 16 of the Orders of 7 September 2006 set aside.' "By 11 December 2006, independent solicitor to make available Seized Materials (as defined) for inspection by applicants' solicitors (with exclusions as specified in Exh JDC-1 affidavit)." "Time for compliance with Orders 12 and 14 of Orders of 7 September...