Notice of Objection ➲ Subpoena [FCFCA or FC of WA]

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Who may object to a Subpoena?

The named person (in a Subpoena) or a person who has a sufficient interest in the Subpoena may object:

❌ To producing the documents; and may object to

❌ The inspection or copying of the documents.

To do so, an application to the Court asking for the Subpoena to be set aside must be made using this Notice of Objection.

Sample reasons for making an objection include:

  • the Subpoena was served on the wrong address;
  • the terms of the Subpoena are too broad and unspecific;
  • the documents requested are Privileged; or
  • the financial cost, time or difficulty of complying with the Subpoena is too significant.

This document guides you down the right path in preparing a customised Notice of Objection to the production or inspection and copying of documents.

Embedded Lawyer-Logic™ adapts to your answers to provide valuable guidance and help you avoid errors.

Information for people whose Medical Records have been Subpoenaed

If your medical records have been subpoenaed, you may seek to view your records before making a decision about whether you want to object to them being inspected.

In this case, you need to notify the Manager of Court Services in writing before the date for production set out in the Subpoena.

If you then wish to object to your records being inspected, you must file your Notice of objection within 7 days after the date for production in the Subpoena.

If you have not given notice to the Registry Manager that you wish to inspect your records, you must file this Notice of Objection before the date for production.

See ‘Objecting to the Production or Inspection or Copying a Subpoenaed Documents’ in the relevant prescribed brochure which accompanied the Subpoena.

Document Overview:

  • Suitable for the Federal Circuit & Family Court of Australia or Family Court of Western Australia;
  • Includes common objections to both the production and the inspection and copying of documents; and
  • Guidance, alerts and intelligence to help you steer clear of errors.

Important Notes:

Pricing does not include Court filing fees.

Unless an exception applies (see Medical Records above), this Notice of Objection needs to be filed with the Court before the date for production set out in the subpoena, together with a copy of the Subpoena.

If you are a party to the proceedings you can eFile the completed Notice of Objection form via the Commonwealth Courts Portal at www.comcourts.gov.au.

Federal Circuit & Family Court of Australia

Further information can be found in this prescribed brochure which you should have received together with the Subpoena (or copy of the Subpoena).

Family Court of Western Australia

Further information can be found in this prescribed brochure which you should have received together with the Subpoena (or copy of the Subpoena).

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