Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 17 MAY 2023

How to subpoena documents successfully for use in foreign proceedings

Piper Alderman
Piper Alderman
Contributor
Piper Alderman

Piper Alderman

Helping shape the future of business in Australia with practical, commercial and cutting-edge legal...

View firm profile
Explore more from Piper Alderman

Need to obtain documents from Australia to use as evidence in foreign proceedings? Be aware of the Hague Evidence Convention.

AustraliaInternational Law
McKenzie Moore
McKenzie Moore
Author LinkedIn connections

Piper Alderman successfully assisted a US company involved in a patent dispute before the United States District Court for the Central District of California to obtain documentary evidence from Australian entities for use as evidence in those proceedings.

If you are involved in foreign proceedings and need to obtain documents from Australian persons or entities for use as evidence in foreign proceedings, you should be aware of the process under the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters (Hague Evidence Convention). Piper Alderman's previous Insights on the Hague Evidence Convention can be found at the end of this page.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

See more popular content from

Article

Reforms To Restraints: What The Competition And Fair Work Legislation Amendment (Banning Unfair Non-Competes) Bill 2026 Means For Employers

The Albanese Government has released draft legislation that would fundamentally reshape how Australian employers use restrictive covenants and competitive agreements. The proposed Competition and Fair Work Legislation Amendment (Banning Unfair Non-Competes) Bill 2026 seeks to prohibit or strictly regulate no-poach agreements, wage-fixing arrangements, non-compete clauses, and co-worker non-solicitation terms.
AustraliaEmployment and HR
Piper Alderman
Piper Alderman
Article

South Australian Royal Commission Into Artificial Intelligence: What Businesses Need To Know Now

South Australia has announced a Royal Commission into Artificial Intelligence, set to commence in October 2026 and deliver findings by July 2027. The inquiry will examine AI's economic and social impacts across policy, education, public services, workforce transformation, and infrastructure. Businesses using or developing AI should prepare for potential regulatory reforms and consider engaging with the inquiry process.
AustraliaTechnology
Piper Alderman
Piper Alderman
Article

ATO Releases Decision Impact Statement On Bendel – The Wait Is Over, But Was It Worth The Wait

The Australian Taxation Office has released its Decision Impact Statement following the High Court's landmark Bendel judgment on unpaid present entitlements and Division 7A. While some taxpayers who maintained passive arrangements may find relief, significant questions remain about the application of anti-avoidance provisions and the Commissioner's discretionary powers. The statement signals important changes to longstanding ATO guidance and raises critical considerations for trust and corporate beneficiary
AustraliaTax
Piper Alderman
Piper Alderman
Article

Foreign Resident Capital Gains Withholding Changes: More Than Just Another Notification

From 1 October 2026, foreign vendors in transactions valued at $50 million or more must notify the Australian Taxation Office when providing non-indirect Australian real property interest declarations. These new requirements introduce strict notification deadlines, comprehensive reporting obligations, and significant penalties for non-compliance. How will these reforms impact transaction planning, risk allocation between parties, and completion mechanics for cross-border deals?
AustraliaTax
Piper Alderman
Piper Alderman
Article

The hidden risk facing Australia’s credit funds: Property values haven’t fallen, but transactions have

Australia's private credit market faces its first genuine stress cycle as property transaction velocity slows and ASIC intensifies regulatory scrutiny. With delayed exits, extended loan maturities, and increased workout activity creating pressure across the sector, fund managers and trustees must now navigate both commercial challenges and heightened enforcement risk while ensuring their governance frameworks can withstand regulatory examination.
AustraliaFinance and Banking
Piper Alderman
Piper Alderman
Article

Victorian Construction Industry Royal Commission: What It Means For Project Participants

The Victorian Government has launched a Royal Commission into the Integrity of Major Public and Civil Infrastructure Construction Projects, examining allegations of corruption, criminal conduct and serious misconduct across major construction projects. The inquiry will scrutinise procurement practices, labour hire arrangements, subcontracting models, supply chains, project governance and government oversight, with implications extending far beyond Victoria's borders.
AustraliaGovernment, Public Sector
Piper Alderman
Piper Alderman
Article

Dig Deeper Before You Litigate – Evidence Lessons For Liquidators

A Federal Court decision examines whether liquidators can rely on accounting entries alone to pursue debt recovery, or whether suspicious book entries require stronger evidence to overcome a nil balance shown in company records. The case highlights critical evidentiary thresholds for insolvency practitioners when challenging transactions made shortly before liquidation.
AustraliaInsolvency/Bankruptcy/Re-Structuring
Piper Alderman
Piper Alderman