Call our lawyers
now
or,
have our lawyers
call you
Subpoenas in the Family Court (WA)
Updated on Jan 04, 2023 • 4 min read • 300 views • Copy Link
Subpoenas in the Family Court (WA)
A subpoena is a form of summons issued by the court at the request of a party to legal proceedings requiring a person to produce certain documents and/or give evidence for the purposes of a trial. Subpoenas are generally required to be personally served on the named person either in their personal capacity or on behalf of an organisation.
Do I have to respond?
You are required to respond to a subpoena, and failure to do so may amount to a criminal offence. A person can respond to a subpoena either by complying with it or by objecting to it. If a person neither complies nor objects to a subpoena, they are in contempt of court and a warrant may be issued for their arrest.
When accepting service of a subpoena, it is prudent to confirm that you have received all documents which the receipt says have been provided to you.
How do I respond?
You will need to check whether you are required to produce documents or give evidence at court. Check the date and time when you are required to comply with the subpoena. If you are unable to process documents by the specified date, it is recommended that you contact the solicitor who has arranged for the subpoena to be issued.
If there will be an additional cost associated with compliance with the subpoena, you should speak to the solicitor who issued the subpoena about whether those costs can be met.
Conduct money
When subpoenas are issued, conduct money must be paid to the named person to cover the cost of complying with the subpoena. Conduct money for a subpoena to produce documents must cover the costs of identifying, copying and collating the named documents. Conduct money for a subpoena to give evidence must cover the cost of travel to and from court and a reasonable allowance for meals and accommodation during the trial.
If you incur losses or expenses which exceed the amount of conduct money paid, you can apply to the court to be compensated for this.
Who can object?
Anyone involved in legal proceedings can object to a subpoena. This includes the person named in the subpoena, an interested person, a party to the proceedings or the Independent Children’s lawyer. Any of these persons can request that a subpoena be set aside or seek another form of relief.
How do I object to subpoenas?
If you want to object to a subpoena, you will need to complete the ‘Part F Notice’ attached to the subpoena and file it with the court as soon as you can. The notice must not be filed later than 10 days before the hearing date. A sealed copy of the completed notice must be served on all other parties in the proceedings.
Some common reasons for having subpoenas set aside are:
- The subpoena constitutes oppression or does not give adequate time to comply;
- The subpoena has not been issued in good faith or for a proper purpose;
- Compliance with the subpoena requires unreasonable effort;
- The subpoena has been issued to obtain documents which are otherwise covered by professional or medical privilege;
- The subpoena requests documents that are commercially sensitive, confidential and personal;
- The subpoena requests documents that are unrelated to the proceedings or are used as a form of discovery.
If you are objecting to a subpoena, you must attend the court hearing and bring any documents detailed in the schedule of the subpoena to allow the court to determine the objection.
If you require legal advice or representation in relation to a family law matter or any other legal matter, please contact Go To Court Lawyers.
Related Content
Family Dispute Resolution
Adoption in Western Australia
Subpoenas in the Family Court (WA)
Stepparent Adoption
Family Reports in Australian Parenting Cases
Recovery Orders | Family and Divorce Lawyers
Child Travelling Overseas | Child Alert Requests | Family Lawyers
Mental Health and Parenting Orders
Parenting Orders: How to Get ‘Custody’ of Children
‘No Access’ Parenting Orders
Parenting Matters in Brisbane
Family Law Act Proposed Amendments
Romana Simic
Joondalup Office Manager
Romana Simic is a Senior Associate at GTC Lawyers and the Joondalup office manager. She practises primarily in family law. Romana holds a Bachelor of Laws and a Masters in Applied Family Law. Romana initially practiced at a small firm where she gained experience in a wide variety of different areas of law. While she now practices exclusively in family law, she brings to the firm considerable experience in the areas of wills and probate, estate litigation, and commercial law. Romana practices in all areas of family law including property settlements, child-related matters, and binding financial agreements.
Affordable Lawyers
Our Go To Court Lawyers will assist you in all areas of law. We specialise in providing legal advice urgently – at the time when you need it most. If you need a lawyer right now, today, we can help you – no matter where you are in Australia.How It Works
1. You speak directly to a lawyer
When you call the Go To Court Legal Hotline, you will be connected directly to a lawyer, every time.
2. Get your legal situation assessed
We determine the best way forward in your legal matter, free of charge. If you want to go ahead and book a face-to-face appointment, we will connect you with a specialist in your local area.
3. We arrange everything as needed
If you want to go ahead and book a fact-to-face appointment, we will connect you with a specialist in your local area no matter where you are and even at very short notice.
Related Law Topics
Family Law Arbitration Family law matters can be time-consuming as well as expensive to litigate. The wait time for a court to determine a family law matter on a final basis can be over two years from when the Initiating Application is filed. In order to resolve matters efficiently, parties ....
Posted in:
Court Processes
Adoption is the permanent transfer of legal rights and responsibilities for a child from a child’s biological parents to adoptive parents. The process severs the legal relationship between birth parents and their child. In the Northern Territory, the Adoption of Children Act 1994 governs the adoption process. This article explains ....
Posted in:
Children
Parenting Matters in Brisbane In Brisbane, the Federal Circuit Court and Family Court at North Quay in the CBD deal with family law disputes about who has care of and legal responsibility for children. These are also known as parenting matters. In parenting matters in Brisbane the court makes orders ....
Posted in:
Children
Contact Services and the Family Court
Contact services are agencies which provide trained staff to supervise the handover of children from one parent to another and to oversee a party’s time with the children. There are many privately run and government-run organisations which provide contact services. Reports by contact services Contact services can provide a report ....
Posted in:
Children
Family Law Orders Made Overseas
Family Law Orders Made Overseas The Federal Circuit and Family Court of Australia (FCFCA) deals with a range of family law matters, including care of children, divorce and property settlement. The court hears family law matters under the Family Law Act 1975. It’s not uncommon for adults migrating to Australia ....
Posted in:
Court Processes
An injunction is an order of the court which prevents a person from doing a certain act or thing or requires a person to do a certain act or thing. In family law cases, a party may apply for an injunction either in relation to a parenting matter or a ....
Posted in:
Court Processes
Family Violence Allegations During Parenting Cases
Family Violence Allegations During Parenting Cases Family violence is an important factor to consider when parties are applying to the court for parenting orders. Family violence allegations may be made at any stage in a parenting case so the question of how they should be dealt with is a complicated one. ....
Posted in:
Children
What is a PACE Alert or Airport Stop?
What is a PACE Alert or Airport Stop? The Passenger Analysis Clearance and Evacuation System (PACE) can be used to place an alert which prevents a child from leaving Australia. This is more commonly referred to as an ‘airport stop.’ The process can also be used to prevent a child from ....
Posted in:
Children
Stepparent adoption is the process by which a stepparent becomes the legal parent of their spouse’s or de-facto partner’s child. Before a court considers an application for adoption of a child by a stepparent, the Federal Circuit and Family Court of Australia must first give its approval for the adoption ....
Posted in:
Children
Calculating Child Support The Child Support (Assessment) Act 1989 (Cth) imposes a duty on a parent to maintain their children in the form of child support payments. Child support is sometimes referred to as child maintenance and is an ongoing payment made by one parent or guardian to another to ....
Posted in:
Children
Parenting Matters in Canberra Parenting matters in Canberra are dealt with in the Federal Circuit Court or Family Court at the Nigel Bowen Commonwealth Law Courts at the corner of University Avenue and Childers Street. Parenting matters involve disputes about who has care of and legal responsibility for children. In ....
Posted in:
Children
Child Protection or Parenting Orders? (Qld)
This article examines the relationship between child protection proceedings in the Children’s Court and parenting proceedings in the Federal Circuit and Family Court of Australia (FCFCA). While child protection matters in Queensland are governed by the Child Protection Act 1999, parenting matters are governed by the Family Law Act 1975. What ....
Posted in:
Children