Order dominates Sharman court proceedings

Sharman Networks this week appealed an Order in the Federal Court, issued against it earlier this year by the Australian music industry.

In yet another bid to have the Anton Piller Order dropped, Sharman’s lawyers argued that the Order should not be used against Sharman which, as a company, has shown cooperation in other ongoing worldwide legal battles.

The Anton Piller Order allows potential evidence to be seized immediately without notice, to avoid that evidence being altered or destroyed.

Sharman’s lawyers argue that the Order was unnecessary because Sharman was unlikely to destroy material.

Justice Wilcox had approved the order because, he said, “It was necessary to gain ‘snapshots’ of what is happening on Sharman Networks network at any one time, and to ‘preserve’ this evidence.”

Sharman’s lawyers pointed out that this is an unnecessary justification for using the Order, because all the relevant material to the case is live on the Web and anyone can view it at any time.

Sharman’s lawyers claimed that the Order should not have applied to this case, and as a result Sharman has suffered negative publicity and significant injuries to its business with loss and damaged property.

“The Anton Piller Order,” Sharman’s lawyers said, “is a very serious weapon that could be placed into the wrong hands and as such the courts should carefully contain it.”

“It is invasive, destructive and draconian and has resulted in lost and damaged property as well as negative publicity.”

Chief Justice Black, Justice Emmett and Justice Stone have reserved judgement and will hand down a decision either later this week or early next week.

Join the newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.
Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.
Show Comments

Cool Tech

Toys for Boys

Family Friendly

Stocking Stuffer

SmartLens - Clip on Phone Camera Lens Set of 3

Learn more >

Christmas Gift Guide

Click for more ›

Brand Post

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Aysha Strobbe

Microsoft Office 365/HP Spectre x360

Microsoft Office continues to make a student’s life that little bit easier by offering reliable, easy to use, time-saving functionality, while continuing to develop new features that further enhance what is already a formidable collection of applications

Michael Hargreaves

Microsoft Office 365/Dell XPS 15 2-in-1

I’d recommend a Dell XPS 15 2-in-1 and the new Windows 10 to anyone who needs to get serious work done (before you kick back on your couch with your favourite Netflix show.)

Maryellen Rose George

Brother PT-P750W

It’s useful for office tasks as well as pragmatic labelling of equipment and storage – just don’t get too excited and label everything in sight!

Cathy Giles

Brother MFC-L8900CDW

The Brother MFC-L8900CDW is an absolute stand out. I struggle to fault it.

Luke Hill

MSI GT75 TITAN

I need power and lots of it. As a Front End Web developer anything less just won’t cut it which is why the MSI GT75 is an outstanding laptop for me. It’s a sleek and futuristic looking, high quality, beast that has a touch of sci-fi flare about it.

Emily Tyson

MSI GE63 Raider

If you’re looking to invest in your next work horse laptop for work or home use, you can’t go wrong with the MSI GE63.

Featured Content

Product Launch Showcase

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?