What is a Subpoena and for What Purpose is it Used?
A subpoena is a legal document issued by a Court. A subpoena can require a person, the named person, to:
- Produce evidence;
- Give evidence; or
- Produce documents and give evidence.
A subpoena is issued by the Court at the request of a party to family law proceedings. It can be issued to any person relevant to the case. The purpose of subpoenas is to obtain documents and information that can be used as evidence to support or disprove a party’s case in property, parenting matters, or both.
What is Conduct Money?
Conduct money is a monetary allowance given to the recipient of a subpoena to cover reasonable expenses for complying with it. In the Family Court, the minimum conduct money is currently $25.
According to Rule 250 of the Family Court Rules (WA):
- A named person is entitled to conduct money paid by the issuing party at the time of service of the subpoena.
- The amount should be sufficient to meet reasonable expenses.
- It must be at least equal to the minimum mentioned in Schedule 3, Division 1.
- A named person may apply to be reimbursed if they incur substantial loss or expense beyond the conduct money or witness fee.
Do I Need to Comply with the Subpoena If the Conduct Money Is Not Enough?
Even if the conduct money paid is insufficient, you are still generally required to comply with the subpoena. The Court expects that as long as the minimum conduct money has been paid and the document collation is not overly complex, you must produce all relevant documents in your possession or control in an unredacted form.
This applies even if an objection to the subpoena is lodged. However, if compliance incurs significant costs, you can apply for reimbursement under Schedule 3.
In the case of Ibraham & Dias [2024] AWSC36, the Court stated that reimbursement is more likely for external costs, such as legal advice or representation, rather than internal costs like document collation.
If you would like more information in relation to subpoenas, please contact Bowen Buchbinder & Vilensky.
