You are no doubt issuing and inspecting subpoenas and using subpoenaed material in your matters, are you aware of the amendments to the Family Law Rules 2004 in respect to subpoenas pursuant to Schedule 2, of the Family Law Amendment (Arbitration and Other Measures) Rules 2015? I will provide you with a short summary of the amendments, so that you can comply with the new requirements, which now includes non attendance in a subpoena list, when criteria is met.
Some of the Rules, which have been amended, they include:
Rule 13.07A – Use of documents : a person who inspects or copies subpoenaed documents, under the Rules or a Court Order, MUST use the documents for the purpose of the case only AND MUST not not otherwise disclose the contents of the documents, or give a copy of it, to any other person, without the courts permission.
- Rule 15.17 (3A) – A party must not request the issue of a subpoena for production and to give evidence if production would be sufficient in the circumstances.
- Rule 15.29 (4) – the definition of copy may include ‘any other electronic form‘ as indicated by the issuing party is acceptable.
Service of Subpoenas
Rule 15.22 has been replaced with the following (in summary):
- The issuing party must serve the named party (recipient) by hand with:
- the subpoena and
- the brochure, approved by the Principal Registrar, containing information about subpoenas
- The issuing party must serve by ordinary service, each other parties, each other ‘interest person’ and ICL (if applicable).
- The mechanics of timing of service are set out in Rule 15.22 (3) & (4)
Note Some Important Changes To Attendance @ Subpoena Lists:
- Important: 15.30 has been repealed and a new R 15.30 included – Right to Inspect and Copy Documents. If R 15.22 has been complied with and there is no objection to the production of the documents, pursuant to R 15.31 and the named person complies with the subpoena. Then the issuing party can file an
- Notice of Request To Inspect
- An Affidavit of Service setting out service details in accordance with r 15.30(b)
Each party to the proceedings and ICL in the proceedings may inspect (by appointment, without a court order) and take copies of the documents produced in accord with the subpoena with the exception of:
- child welfare records, criminal records, medical record (subject to r 15.31(4)(c)) or police records
There is no longer a requirement to attend court in respect to production of subpoenas, if the above criteria is met.
However, if there is an”Objection Relating to Production of Documents” r 15.31 provides the mechanics in relation to objections. If an objection is made pursuant to (3) and (4),the subpoena must be referred to the court for the hearing and determination of the objection, therefore attendance is required.
If you require a barrister whose practice and advice is based on the foundations of law, in conjunction with authentic, quality reliable service, contact Louise on (02) 9336 5399 or email@example.com