This form is used by the named person subpoenaed to produce documents, to object to producing the documents. Or by a person receiving a copy of a subpoena to produce documents, to object to the documents subpoenaed being inspected or copied.
If you wish to object, you must complete the Notice of objection - Subpoena form and file it with the Court before the date for production set out in the subpoena, together with a copy of the subpoena.
This form must be filed at the Court locations where the matter is being heard.
Filing with the Court
Family law proceedings
If you are a party to the proceedings you can eFile the completed Notice of objection - Subpoena via the Commonwealth Courts Portal at www.comcourts.gov.au. For a step-by-step guide see, How do I eFile?.
If you are not a party to the proceeding, you should submit the completed Notice of objection - Subpoena to the family law registry, via email, entering the following details in the subject field – ‘Notice of objection – file number – your name’. All family law registries have a discrete generic filing email address, see Court locations.
If you are unable to email, you can file with the registry by either posting to, or attending in person.
General federal law proceedings
If you are a party to the proceedings you should file electronically using eLodgment, unless it is not reasonably practicable to do so.
If you are not a party to the proceeding, you should submit the completed Notice of objection - Subpoena via email.
Service
Once filed, the notice will be processed by the Court as soon as practicable. The Court will complete the details on the notice, including providing a Court date and return it to you.
You must then serve a copy of the Notice of objection - Subpoena, together with a copy of the subpoena, to the issuing party, and all other parties in the case.
You must attend Court on the court date assigned to have your objection heard and determined.
For more information about service in family law proceeding see How do I serve family law documents?.
For migration and general federal law proceedings, see the details about service in each area of law:
- Migration: I want to apply
- Fair work: I want to apply
- Applications in a bankruptcy
- Consumer law: I want to apply
- Administrative law: Overview
- Human rights: I want to apply
- Intellectual property: I want to apply
Legal advice
To understand your legal rights and responsibilities you should obtain legal advice. A lawyer can explain how the law applies to your case and assist you to complete forms and lodge documents. The Court is unable to provide legal advice because to do so would seriously compromise its ability to impartially determine your case. There are several free services available. For more information see:
- Family law – Find a lawyer
- General federal law – Find a lawyer
