What is the essential requirement for an applicant in an Anton Piller Order to show?

Study for the Queensland Bar Exam. Prepare with flashcards and multiple-choice questions, each featuring hints and detailed explanations. Get ready for success!

The essential requirement for an applicant seeking an Anton Piller Order is demonstrating a strong prima facie case on the cause of action. An Anton Piller Order, also known as a search order, is a type of interim relief that permits the applicant to enter the premises of a respondent to search for and seize evidence without prior notice. The rationale behind requiring a strong prima facie case is to ensure that the applicant has a legitimate basis for their claims and that the order is not being sought lightly or without substantial justification.

In essence, a strong prima facie case indicates that the applicant has enough evidential foundation to support their allegations, suggesting that, if the matter went to trial, their position could potentially succeed. This requirement is crucial because an Anton Piller Order can infringe on the respondent's rights and privacy; thus, the court must be satisfied that there is sufficient merit to the case to justify the extraordinary relief of permitting a search and seizure.

Other answer choices entail conditions that, while important in the broader context of litigation, do not address the fundamental prerequisite for an Anton Piller application specifically. Evidence of a potential trial date, financial capability, and willingness to negotiate are not directly tied to the criteria for obtaining such an order and do not sufficiently

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