Administrative Notice QLD 5
This Administrative Notice is REVOKED
There will no longer be any administrative state-based notices.
To assist Court users to understand the changes to the practice documents, the Court has prepared:
Queensland District Registry
The Federal Court Rules 2011 make provision for the issue of subpoenas in Divisions 24.1 and 24.2. In the Federal Court, a subpoena may be issued only with the leave of the Court. Leave may be given to issue a subpoena generally or in relation to a particular subpoena or subpoenas and subject to conditions. The power to grant leave to issue subpoenas has been delegated to Registrars of the Queensland Registry pursuant to section 35A of the Federal Court of Australia Act 1976.
How to apply for a subpoena
Parties may make an oral application to the Docket Judge at directions hearings for leave to issue a subpoena. Application may also be made without notice, by way of a letter to the Court that sets out the following information:
1. Details of the connection of the person or documents sought to be subpoenaed to the proceedings before the Court;
2. In the case of a subpoena for production, an explanation as to why a subpoena addressed to a non-party is the preferred and appropriate course as opposed to non-party discovery pursuant to Rule 20.23.
Form 43 A, B & C
Rule 24.13 provides that a subpoena must be in accordance with:
- Form 43A – subpoena to give evidence
- Form 43B – subpoena to produce documents
- Form 43C – subpoena to give evidence and produce documents.
Time for service
The last date for service of a subpoena is the date 5 clear business days before the earliest date the addressee is required to comply with the subpoena. If a shorter period is sought, the letter that accompanies the subpoena must explain the reason why. The issuing party must serve a copy of the subpoena to produce on each other party as soon as practicable after the subpoena has been served on the addressee (see Rules 1.61, 24.13 and 24.16).
1 August 2011