Subpoena - General Federal Law and Migration 
Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 - RULE 16.01	
Please type or print clearly and mark [X] all boxes that apply. Attach extra pages if you need more space to answer any question/s.
Filed in:
 Federal Circuit and Family Court of Australia
 Other (specify)       	
Type of proceeding: 
 Migration law 
 General federal law 

Filed on behalf of (full name):      		COURT USE ONLY	
	Client ID      	
File number      	
Filed on      
The last date for service of this subpoena is (refer to Notes 2 to 8)
      	
Documents must be produced to registry by:     	
MARK [X] IN THE BOX THAT APPLIES TO YOU
 Applicant	 Respondent		 Other (specify)      		
	Name	
TO	     	
	Address	
	     	
	     	State       	Postcode      	
		
	YOU ARE ORDERED TO: (select one box only)
 Attend court to give evidence (see Part B for details of order)
 Attend court to give evidence and produce documents (see Part C for details of order)
 Produce documents to the Court (see Part D for details of order).
TAKE NOTICE: if you fail to obey this subpoena
•	a warrant may be issued for your arrest, and
•	you may be liable to pay any costs occasioned by your failure to comply.
Date:       /       /        Registrar: ______________________________________
The last date for service of this subpoena is        /       /        (See Notes 2-8).
Please read the Notes at the end of this subpoena	
Filed on behalf of	     	
Prepared by	     	Lawyer’s code	     	
Name of law firm	     	
Address for service in Australia	     	
	State       	Postcode       	
Email	     	
Telephone	     	

Part A	About the parties to the proceeding	
APPLICANT 1
Family name (as used now)/Title/Organisation	RESPONDENT 1
Family name (as used now)/Title/Organisation	
     		     	
Given names (as required)		Given names (as required)	
     		     	
			
APPLICANT 2
Family name (as used now)/Title/Organisation	RESPONDENT 2
Family name (as used now)/Title/Organisation	
     		     	
Given names (as required)		Given names (as required)	
     		     	

Part B	Details of order to attend court to give evidence	
Date you must attend court:       /       /      
Time you must attend court: _________________	AM 	PM 
Place you must attend court: _________________________________________
You must continue to attend each day unless excused by the Court or until the hearing of this matter is completed.	
Part C	Details of order to attend court to give evidence and produce documents	
Date you must attend court:       /       /      
Time you must attend court: _________________	AM 	PM 
Place you must attend court: _________________________________________
You must continue to attend each day unless excused by the Court or until the hearing of this matter is completed.
When you attend court, you must produce the documents and things described in the Schedule at Part E.	
Part D	Details of order to produce documents to the Court	
NOTE: Copies of documents should be produced to the Court electronically in PDF format unless electronic production is not possible.
You must produce the documents and things described in the Schedule at section E to the Court:
Date and time for production: On or before _________________ PM on       /       /      
Email:_________________________________________
Place: _________________________________________ registry, (address of court) ____________________________________________________________________________
State: ______________ Postcode: _____________
Instead of attending court you may email or deliver the documents and things described in the Schedule to the Registry at the ‘address of Court’ specified above at least 2 days before the date for production specified above. See Notes 14 and 15 for automatic release of documents.	
This subpoena was issued at the request of the issuing party named in the footer on page 1. 
DO NOT send subpoenaed documents to this person. Subpoenaed documents must be produced to the Court, notwithstanding any objection being made.
The Registrar will issue a receipt to the person producing the documents or things.	

Part E	Schedule	
(if insufficient space attach list)
Documents and things you must produce from your possession, custody or control
1.	a copy of this subpoena
2.	     

NOTE: You may produce a copy of the document or thing instead of the original unless the subpoena specifically requires the production of the original document or thing.

NOTE: Objection to production, inspection or copying of documents
Any person named in this subpoena or affected by this subpoena to produce documents or things, may object to the production or inspection or copying of documents by completing, filing and serving a Notice of Objection – Subpoena available at www.fcfcoa.gov.au/resources/forms. See Notes 11-13.	

Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (General Federal Law Rules) — 
Rule 16.01											0723V1	

NOTES	
Limitations — subpoenas
1.	A party must not request the issue of more than 5 subpoenas in a proceeding without the Court’s leave: see rule 16.04 of the General Federal Law Rules. 
Service of subpoena
2.	A subpoena requiring a person to give evidence must be served personally on the person subpoenaed: see rule 6.06 of the General Federal Law Rules.
3.	Personal service of a subpoena is not required in certain circumstances: see rule 6.06(2) of the General Federal Law Rules. 
4.	The issuing party must serve a copy of this subpoena on each other party and any interested person in the proceeding by ordinary service: see rule 16.05(2) of the General Federal Law Rules. 
5.	An ‘interested person’ means a person who has a sufficient interest in the subpoena.
6.	The issuing party must serve the subpoena on the person subpoenaed, the other parties and any interested person as follows:
(a)	at least 7 days before the date for attending court for a subpoena to attend court to give evidence;
(b)	at least 10 days before the date for attending court for a subpoena to attend court to give evidence and to produce documents;
(c)	at least 10 days before the date for producing documents for a subpoena requiring the person to produce documents to the Court.
7.	The named person may reach an agreement with the issuing party in relation to a different manner of service of a subpoena to produce documents only.
8.	The issuing party may reach an agreement with each other party, any interested person and any independent children’s lawyer in relation to a different manner of service.
Cost of complying with subpoena
9.	The person serving the subpoena must give the person subpoenaed conduct money sufficient to meet the reasonable expenses of compliance. The amount of conduct money must be at least $25. See rule 16.06 of the General Federal Law Rules.
10.	If you are the person subpoenaed and you are not a party in the proceeding and you will incur substantial loss or expense in properly complying with the subpoena, you may apply to the Court for an order that the issuing party pay you an amount in respect of the loss or expense. Before making such an application you may wish to give notice to the issuing party that substantial loss or expense would be incurred in properly complying with the subpoena, including an estimate of the loss or expense.
Objection to production, inspection or copying of documents
11.	The person required by this subpoena to produce documents or things may object to producing a document by completing, filing and serving a Notice of Objection – Subpoena before the date specified in this subpoena for production. The documents or things identified in the subpoena must be provided to the registry before the date of production, even if the person required to comply with the subpoena lodges a Notice of Objection.
12.	Any party or any interested person or any independent children’s lawyer may object to inspection or copying of a document described in this subpoena by completing, filing and serving a Notice of Objection – Subpoena before the date specified in this subpoena for production.
13.	For non-parties, a Notice of Objection can be lodged for filing by email to the relevant general federal law registry email address on the Court’s website: www.fcfcoa.gov.au. 
NOTE: Rule 16.13 of the General Federal Law Rules.
Automatic release of documents for inspection or copying (Part D)
14.	Subject to any objection being upheld or an order of the Court and subject to the issuing party filing a Notice of Request to Inspect in the approved form, each party may, by appointment, inspect all documents produced in response to this subpoena and may take copies of all documents produced in response to this subpoena (other than a medical record, criminal record or police record): see rule 16.12 of the General Federal Law Rules. 
15.	A person who inspects or copies a document produced in response to this subpoena must:
(a)	use the document for the purpose of the proceeding only, and
(b)	not disclose the contents of the document or give a copy of it to any other person without the Court’s permission (except to a lawyer or client).
Medical, criminal and police records
16.	Medical records, criminal records and police records produced in response to this subpoena will be available for inspection by each party, but these records will not be available for copying without an order of the Court. 
Criminal record means a record of offences for which the person has been found guilty. 
Medical record, for a person, means the histories, reports, diagnoses, prognoses, interpretations and other data or records, written or electronic, relating to the person’s medical condition, that are maintained by a physician, hospital or other provider of services or facilities for medical treatment. 
Police record means records relating to the person kept by the police, including statements, police notes and records of interview. 
Objection by person to inspection of medical records
17.	If the documents to be produced under this subpoena include a person’s medical records, that person may, before the date stated for production, notify the Court in writing that they wish to inspect the records for the purpose of determining whether to object to the inspection or copying of the document by any other party: see rule 16.13 of the General Federal Law Rules.
18.	If such notice is given:
(a)	that person may inspect the medical records and may, within 7 days after the date stated in the subpoena for production, object to inspection or copying of a document described in this subpoena by completing, filing and serving a Notice of Objection – Subpoena, and
(b)	unless otherwise ordered, no other person may inspect the medical records until the later of 7 days after the date stated in the subpoena for production or the hearing and determination of the objection.
Time and date for hearing an objection
19.	Any objection in relation to this subpoena will be heard before a judge or registrar. The Registrar will advise the parties and the objector of the time and date when they will be required to attend court for the hearing and determination of the objection.