Queensland Subpoena Rules (Brisbane Registry)
Notice to Practitioners
In an endeavour to streamline the process for seeking an order for leave to inspect documents produced under subpoena from entities that are not parties to the application and:-
a) to reduce the need for, and number of, appearances by parties, legal representatives and Legal Aid Queensland; and
b) to reduce the demand on the Court’s lists
The following practice shall apply to subpoenas to produce documents only filed after 31 October 2005 in the Brisbane Registry of this Court.
1. Subpoenas will continue to be filed in the usual way and will continue to be subject to all relevant Federal Magistrates Court Rules 2001.
2. All subpoenas to produce documents will be made returnable on a day allocated by the Registry at the time of filing. Where subpoenas to produce documents are issued and are returnable on the morning of a trial or interim hearing, the same procedure will apply.
3. In the event that a third party (including a child representative) no less than 3 days prior to the return date of the subpoena, certifies in writing that:
a) a copy of the relevant subpoena has been given to all other parties (including the child representative) in accordance with the Federal Magistrates Court Rules 2001;
b) no objection to inspection has been received from any other party or from the recipient of the subpoena;
c) the documents to be produced pursuant to the subpoena are relevant to an issue in the proceedings;
the Court will give consideration, in chambers, to granting leave to inspect the relevant documents and, in the case of a child representative, leave to inspect and copy those documents without the necessity of an appearance by any party or the recipient of the subpoena.
4. The certification required by the previous paragraph may be given by facsimile.
5. Leave to copy documents will not be given to parties (other than a child representative) in chambers. Any application by a party to copy documents produced on subpoena must be made in open court.
6. In the event that:
a) inspection of documents produced on subpoena has been refused; or
b) a recipient of a subpoena, or another party, has an objection to inspection or copying of the documents produced
the Associate to the Federal Magistrate before whom the matter is listed will notify the parties and practitioners accordingly and arrange for the matter to be heard in open court.
7. No notification that leave has been granted will be given by the court, and Associates to Federal Magistrates will not provide that information over the telephone.
FM Baumann
FM Rimmer
FM Jarrett
FM Slack
29 September 2005
See also
The Federal Magistrates Court's general federal law jurisdiction includes: administrative
law, bankruptcy, unlawful discrimination, consumer protection and trade
practices, privacy, migration, copyright, industrial law and admiralty
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