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ARTICLE · 16 MARCH 2017

Setting aside a subpoena: oppression and fishing expeditions

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At both state and federal levels, a party with a "sufficient interest" may apply to fully or partly set aside a subpoena.

AustraliaLitigation, Mediation & Arbitration
David Creais
David Creais
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In our first instalment of how to deal with a subpoena, we looked at the simple machinery behind subpoenas, and how you should respond to one should you have the joy of "being served".

You will recall from our first instalment that a subpoena is a court order compelling production of documents, attendance at court to give evidence, or both. As such, strict compliance with the terms of the subpoena is necessary.

However, the court rules at both state and federal levels provide that a party with a "sufficient interest" may make an application to fully or partly set aside a subpoena.

The case law relating to subpoenas has lead to an emergence of two bases upon which you can apply to set aside or vary a subpoena:

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