Polis v Zombor (No 3)

The case of Polis v Zombor (No 3) involves Janet Denise Zombor, the respondent, and an unnamed prospective applicant, presumably Polis. The dispute revolves around preservation orders made under rule 14.11 of the Federal Court Rules 2011 (Cth) which were issued pending a further application for inspection of property. The court was tasked with determining whether these preservation orders were appropriately granted, considering the requirements of the relevant rule.

The legal issues before the court included whether the prospective applicant had established a prima facie case warranting the preservation of specific data and information. This required an assessment of whether the prospective applicant demonstrated that the preservation of the requested data was necessary to prevent loss or destruction of evidence, and that the order was proportionate and reasonable. The court also needed to consider whether the orders were specific enough and whether they provided adequate notice and opportunity for the respondent to respond.

The court found that the prospective applicant had indeed demonstrated a prima facie case for the preservation of the specified data. The orders were deemed appropriate as they targeted specific data relevant to the case and were proportionate to the needs of the prospective applicant. The respondent was given adequate notice and an opportunity to respond, and the court was satisfied that the orders were specific enough to be enforceable. Consequently, the court granted the preservation orders as requested.

The final orders mandated that Janet Denise Zombor must preserve specific data and information stored on any mobile phone she owns or possesses and used by her, including WhatsApp and other messaging services, from 11 December 2017 onwards. A copy of these orders was to be served on Janet Denise Zombor, who was also granted liberty to apply to vary or discharge the orders with appropriate notice. Costs were reserved for a later determination.