Publish Date: June 4, 2020

Subpoenas in Family Law Matters
It is common in family law proceedings for Subpoenas to be issued to third parties seeking information that is relevant to the proceedings. Such information is considered to be independent and can be very useful in proving or substantiating a parties claim.

There are 3 types of subpoenas, being:
1. Subpoena for the production of documents (which is the most common subpoena);
2. Subpoena for a person to attend Court for the purpose of providing oral evidence; and
3. Subpoenas for the production of documents and requiring a person to attend Court to provide oral evidence.

So, when should a Subpoena be issued?
Subpoenas can be useful in circumstances where a party has failed to disclose or there are real concerns for a child’s safety, welfare and development. Going direct to the source document can assist in substantiating what would otherwise be an unsubstantiated claim which has come down to a “he said she said” argument.

To discuss whether it may be in your best interests to issue a Subpoena, please contact the Brisbane Family lawyer team at James Noble Law for a free, no-obligation 20-minute consultation with one of our experienced family law solicitors.

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