Papers of seminars & other events held in the Federal Court, Current and former judges, including Welcome and Farewell ceremonies, About the judgments collection, including FAQs, Select alerts based on National Practice Area, Child safe framework: Compliance statement, Administrative and Constitutional Law and Human Rights NPA, Federal Crime and Related Proceedings NPA, Law Council of Australia's "Federal Court Case Management Handbook", Learn about Court processes, procedures & documents, Title - abbreviated parties (doc - 35 KB), Notice of acting -appointment of lawyer (doc - 35.5 KB), Notice of acting - change of lawyer (doc - 35.5 KB), Notice of termination of lawyer's retainer (doc - 36 KB), Notice of intention to cease to act (doc - 33 KB), Notice of address for service (doc - 34 KB), Respondent's genuine steps statement (doc - 35.5 KB), Urgent application before start of a proceeding (doc - 46.5 KB), Application by interested person for approval of agreement for person under a legal incapacity (doc - 41 KB), Originating application by prospective applicant for order for discovery (doc - 47 KB), Originating application by prospective applicant to ascertain description of respondent (doc - 49 KB), Applicant's genuine steps statement (doc - 38.5 KB), Notice of a Constitutional matter under s78B of the Judiciary Act 1903 (doc - 35 KB), Originating application starting a representative proceeding under Part IVA of the Federal Court of Australia Act 1976 (doc - 55.5 KB), Notice of consent to be a group member (doc - 41 KB), Application for an order relating to the procedure to be followed in a representative proceeding (doc - 49.5 KB), Request for service in a foreign country (doc - 37 KB), Request for transmission of a document to a foreign government (doc - 38 KB), Request for service abroad of judicial documents and certificate (doc - 55 KB), Summary of the document to be served (doc - 41 KB), Notice to person served outside Australia (doc - 43 KB), Request for local service of foreign judicial documents (doc - 37 KB), Notice of change of address for service (doc - 34 KB), Notice requiring service of pleadings and documents (doc - 36 KB), Notice to produce a document in a pleading or affidavit (doc - 34 KB), Subpoena to produce documents (doc - 43 KB), Subpoena to give evidence and produce documents (doc - 43 KB), Subpoena Declaration by addressee. As the person subpoenaed to produce documents, you may object to producing the documents. The Court decides disputes according to law - promptly, courteously and effectively contributing to the economic and social wellbeing of all Australians. A subpoena is a legal document issued by the Court at the request of a party to a case. A subpoena for production must identify the specific document/s or thing/s to be produced. Enter your search term and click on Apply to see results, Coronavirus (COVID-19) and the Courts: Find out how our services are being delivered and how you can access them. 6.13 In circumstances where it is practicable to do so, production of documents in an electronic form (for example, Microsoft Office or Adobe files on a memory card or stick) is preferred by the Court (see also r 24.17(7)(b) of the Federal Court Rules).[9]. A lawyer can explain how the law applies to your case and assist you to complete forms and lodge documents. The Court will complete the details and add the Court's seal before sending it back to you for your records and to serve. Papers of seminars & other events held in the Federal Court, Current and former judges, including Welcome and Farewell ceremonies, About the judgments collection, including FAQs, Select alerts based on National Practice Area, Ben Roberts-Smith v Fairfax and related matters. For example, the subpoena should not ask for 'all documents relating to any account in a false name held by [the person subpoenaed]'. 11.9 The Notice to Produce should not be unduly burdensome. (a) Content. Starbucks Corp. violated federal labor law by punishing a worker at an Illinois caf for responding to a subpoena directing him to appear at National Labor Relations Board hearing, an NLRB judge ruled. Notice of Request to Inspect Notice of Request to Inspect Download PDF (180.6 KB) Download DOCX (57.92 KB) Print a copy This form is used by the person who issued the subpoena to seek permission to inspect a subpoena. [6] The term "conduct money" is defined in the Dictionary (Schedule 1 to the Federal Court Rules). 6.14 By way of guidance and to the extent relevant or applicable, for complex or large production in electronic form, the issuing party, addressee and other parties should give consideration to the matters set out in the Technology and the Court Practice Note (GPN-TECH) concerning discovery in electronic form. When producing subpoenaed documents, you may inform the Court that any document produced neednotbe returned and may be destroyed. If a subpoena requires you to attend court to give evidence, the person serving the subpoena must give you conduct money sufficient for return travel between your place of residence or employment (as appropriate) and the Court. If you wish to seek the production of document/s or thing/s in the custody of another court you must make a request in writing to the registry manager, setting out: the name and address of the court having possession of the document, a description of the document to be produced, the date when the document is to be produced by, and. PDF (Federal) Subpoenas: Drafting, Issuing, and Serving Subpoenas Enter your search term and click on Apply to see results, Coronavirus (COVID-19) and the Courts: Find out how our services are being delivered and how you can access them. Type the three characters you see in the picture above (lowercase): Can't read the security key? Dated 12 July 2018 Peter Cosgrove Governor-General By His Excellency's Command Christian Porter Attorney-General Contents Part 1Preliminary 1 As with the practice notes, the Court will take a flexible and common sense approach to the commencement of the use of version 4 of the Bill of Costs. 2.2 A subpoena is, in summary, an order to the addressee requiring attendance to give evidence in Court or the production of a document or thing to the Court, or both (see r 24.12(1) of the Federal Court Rules). Check the contact pages to obtain registry telephone and fax numbers, street and postal addresses and hours of opening. [5] For service generally, see rr 24.13, 24.16 and 1.61 and the definition of "business day" in the Dictionary (Schedule 1 to the Federal Court Rules). A subpoena is a legal document issued by the Court. A person must only use documents obtained by subpoena for the purposes of the case and must not disclose the contents or give a copy of any documents subpoenaed to any other person (except the lawyer representing them in the case) without the permission of the Court. Register to receive daily court lists by email soon after they are published. Justice Bromberg's appointment as ALRC President. (c) make the objection notifications as soon as practicable or, if time does not permit prior notice, by raising the objection at the return of the subpoena. 5.1 A subpoena to give evidence must specify the date, time and place for attendance. Each federal court maintains their own local court forms. Yes. Subpoena. Notice to addressee (doc - 39 KB), Notice of offer to compromise (doc - 37 KB), Notice of acceptance of offer to compromise (doc - 32.5 KB), Notice of withdrawal of pleading (doc - 38 KB), Notice of proceeding transferred from other Courts (doc - 37 KB), Originating application for order in terms of arbitration award (doc - 56.5 KB), Originating application for stay of a proceeding under the International Arbitration Act 1974 (doc - 53.5 KB), Originating application to enforce a foreign award under the International Arbitration Act 1974 (doc - 54 KB), Originating application for relief under Model Law (section 18 of the International Arbitration Act 1974 (doc - 54.5 KB), Application for a subpoena under the International Arbitration Act 1974 (doc - 45.5 KB), Subpoena to attend for examination (International Arbitration Act 1974 (doc - 49 KB), Subpoena to produce documents (International Arbitration Act 1974 (doc - 55 KB), Subpoena to attend for examination and produce documents (International Arbitration Act 1974 (doc - 57.5 KB), Originating application under section 23A of the International Arbitration Act 1974 (doc - 54.5 KB), Originating application under section 23F or section 23G of the International Arbitration Act 1974 (doc - 54.5 KB), Originating application to enforce an award under section 35(4) of the International Arbitration Act 1974 (doc - 51.5 KB), Originating application for an order for evidence of a future right or claim (doc - 55.5 KB), Notice of intention to adduce evidence of previous representation (doc - 46.5 KB), Notice of objection to tender of hearsay evidence if maker of representation available (doc - 38.5 KB), Notice of intention to adduce tendency evidence (doc - 43.5 KB), Notice of intention to adduce coincidence evidence (doc - 43 KB), Originating application for judicial review (doc - 59 KB), Application for an extension of time (doc - 51.5 KB), Notice of objection to competency (doc - 36.5 KB), Originating application for relief under section 39B Judiciary Act 1903 (doc - 59 KB), Originating application for review of a migration decision (doc - 54 KB), Notice of proceeding remitted by the High Court of Australia (doc - 42 KB), Notice of election petition (doc - 41.5 KB), Notice of appeal against appealable objection decision under section 14ZZ Taxation Administration Act 1953 (doc - 49.5 KB), Notice of appeal against departure prohibition order under section 14V Taxation Administration Act 1953 (doc - 42 KB), Notice of appeal from a tribunal (doc - 66 KB), Notice of cross-appeal from a tribunal (doc - 64 KB), Notice of discontinuance of appeal/cross-appeal (doc - 43.5 KB), Originating application under the Fair Work Act 2009 alleging dismissal in contravention of a general protection (doc - 52 KB), Originating application under the Fair Work Act 2009 alleging unlawful termination of employment (doc - 54 KB), Originating application under the Fair Work Act 2009 alleging discrimination (doc - 54 KB), Rule to show cause Originating application (doc - 60.5 KB), Originating application for inquiry relating to a ballot under Part 2 of Chapter 3 of Schedule 1 to the Fair Work (Registered Organisations) Act 2009 (doc - 50.5 KB), Originating application for inquiry relating to a ballot under Part 3 of Chapter 3 of Schedule 1 to the Fair Work (Registered Organisations) Act 2009 (doc - 48 KB), Originating application for inquiry relating to an election (doc - 47 KB), Originating application for an interim order in relation to an inquiry concerning an election for an office in an organisation (doc - 55 KB), Originating application for an order in relation to an inquiry regarding an alleged irregularity concerning a ballot (doc - 56 KB), Notice of appeal (intellectual property) (doc - 54 KB), Notice of cross-appeal (intellectual property) (doc - 64 KB), Originating application for determination of equitable remuneration under section 20(2) of the Circuit Layouts Act 1989 (doc - 48.5 KB), Originating application for determination of the terms of the doing of an act under section 25(4) of the Circuit Layout Act 1989 (doc - 48.5 KB), Originating application for order for interim relief under section 25 of the Trans-Tasman Proceedings Act (doc - 60.5 KB), Interlocutory application for leave to serve subpoena in New Zealand (doc - 44.5 KB), Subpoena to give evidence (New Zealand) (doc - 72 KB), Subpoena to produce documents (New Zealand) (doc - 77 KB), Subpoena to give evidence and produce documents (New Zealand) (doc - 79 KB), Certificate of non-compliance with subpoena (New Zealand) (doc - 34.5 KB), Originating application under section 58 (2) of the Trans-Tasman Proceedings Act to enforce an order made by a New Zealand court (doc - 56 KB), Originating application under the Trans-Tasman Proceedings Act (doc - 60.5 KB), Interlocutory application for order for use of audio link or audiovisual link (New Zealand) (doc - 45.5 KB), Election petition (ATSI Act) (doc - 48 KB), Originating application Reference of question as to qualification or vacancy (ATSI Act) (doc - 39.5 KB), Interlocutory application to join parties to main application after relevant period (doc - 45 KB), Notice by party, other than the applicant, that the party wishes to cease to be a party (doc - 32.5 KB), Originating application under Native Title Act 1993 (other than main applications (doc - 57.5 KB), Originating application for review of decision not to accept claim for registration (doc - 50.5 KB), Originating application to remove details of agreement from the Register of Indigenous Land Use Agreements (doc - 57.5 KB), Referral of question about whether a party should cease to be a party under section 94J of the Native Title Act 1993 (doc - 65.5 KB), Interlocutory application for order to take account of the cultural or customary nature of party or another person (doc - 43.5 KB), Short title Native Title Proceeding (doc - 33 KB), Notice of appointment of agent (section 84B(1) Native Title Act 1993) (doc - 38.5 KB), Notice of change in name, contact details or address for service of agent (section 84B(1) Native Title Act 1993) (doc - 40.5 KB), Application under section 85 of the Native Title Act 1993 for leave to be represented by a person who is not a lawyer (doc - 38 KB), Originating application under the Australian Human Rights Commission Act 1986 (doc - 68 KB), Application for leave to appeal (doc - 58 KB), Application for extension of time and leave to appeal (doc - 62.5 KB), Notice of objection to application being considered without oral hearing (doc - 33.5 KB), Notice of withdrawal of application (doc - 38.5 KB), Notice of appeal from the Federal Circuit and Family Court of Australia (doc - 62 KB), Notice of objection to competency (doc - 38.5), Notice of discontinuance of appeal/cross-appeal (doc - 44 KB), Notice of objection to estimate of costs (doc - 33.5 KB), Notice requesting full taxation of costs (doc - 32.5 kb, Notice of objection to bill of costs (doc - 37 KB), Notice of response to notice of objection (doc - 36 KB), Application for review of taxation (doc - 46.5 KB), Originating application for registration of a foreign judgment under the Foreign Judgments Act 1991 (doc - 55.5 KB), Order for registration of money judgment (doc - 45 KB), Order for registration of non-money judgment (doc - 44.5 KB). For more information see theLeave requirements for subpoenas in family law proceedings flowchart. Subpoenas - NSW Police Public Site It is preferable that you provide documents electronically (via email) if the issuing party has indicated this is acceptable. 11.2 A Notice to Produce may be made returnable before a judge or a registrar and shall be managed in a similar manner to the procedure for a return of a subpoena, as set out above. Subpoenas - District Court of New South Wales Other than in exceptional circumstances, leave to issue a subpoena should not be sought from a duty judge. Yes. 11.3 A Notice to Produce under r 20.31 of the Federal Court Rules is used in circumstances where the first party seeks production of any document mentioned in a pleading or affidavit filed by the second party. You can request a subpoena if a person refuses or is unable, of their own free will, to give evidence in your case or to provide documents to the Court that are relevant to your case. 9.1 The Court may order the issuing party to pay the amount of any reasonable loss or expense incurred in complying with a subpoena by fixing an amount or by directing that it be fixed in accordance with the Court's usual procedure in relation to costs (r 24.22 of the Federal Court Rules).