What happens to documents or things produced to the Court under subpoena?
No person may access a document or thing produced unless the Court has granted leave or a registrar has granted permission. Access orders are often made in Court on the return date written on the subpoena. Permission to inspect, copy and uplift may also be given by a registrar in the Registry prior to the return date. However, a registrar cannot permit inspection if the addressee, a party or a person with sufficient interest has lodged an objection in writing together with the grounds of the objection (see note 6 in the subpoena or Order 27 rule 9 of the Federal Court Rules). If you object to all or some of your documents being inspected, copied or removed from the Registry, you should notify the Registrar in writing at the time you lodge your documents.
If an access order has been made (or permission to access has been granted by a registrar), the parties to the case may then inspect and copy the material in accordance with the terms of the order (or permission). Material may only be physically removed from the Registry where the Court or a Registrar has given permission.
During the hearing of the case, some items of the material may be separated and tendered to the Court as “exhibits”. This means that the particular item is being used as evidence for the party’s case and the Court will refer to it by the exhibit number or letter.
When is the material returned?
Subpoenaed material that has become an exhibit will not be returned until the original case, the time limit for appeal and/or any appeal from the original case are concluded. The usual time limit for an appeal is 21 days, but sometimes this can be extended.
Any subpoenaed material that has not been made an exhibit, may be returned once the original case is finished. The Registrar must first give the issuing party (that is, the party that asked the Court to issue the subpoena) at least 14 days notice of the intention to return the material. After 14 days have passed, the material may be returned to you.
The material is returned to the most recent address provided. Please note that if you change your address or telephone number, it is important that you advise the Registry of the change.
You may inform the Court if you do not need to have the subpoenaed material returned to you and you give permission for the material to be destroyed. You should notify the Court in writing by providing a letter at the time you produce the documents. If you do not subsequently withdraw your permission to destroy the documents, the Registrar may destroy them at the conclusion of the proceedings.
Some material may not be returned
The Court will endeavour not to mark material, but any material that is marked by the Court may not be returned.
What should I do?
Keep a copy of your material
You are encouraged to retain a copy of material produced to the Court.
Tell us if you object to your documents being inspected, copied or uplifted
Please notify the Exhibits Clerk or the Duty Registrar in writing, at the time of lodging your documents or things produced under subpoena, if you object to them being inspected, copied or uplifted.
Tell us if you do not want your material returned
Please advise the Exhibits Clerk or Duty Registrar, in writing, at the time of lodging the material with the Court, if you do not require your material to be returned and you give permission for it to be destroyed. If you subsequently change your mind, please advise us in writing that you withdraw the permission you gave to destroy the documents.
Tell us if you change your address or telephone number
Some Court proceedings are not concluded for long periods of time. Please notify the Exhibits Clerk in the relevant Registry of any change in your address to enable return of your material.
