Responding to a Subpoena for Production in Australia

Abstract

A subpoena, or non-party discovery order, compels a third-party to provide documents as required by a court of competent jurisdiction. Parties to litigation understandably value the ability to obtain evidence, or at least a train of enquiry, that the litigants themselves may not have. For recipients it can be a burdensome process and can raise significant concerns with respect to confidential records. Large Australian businesses, especially those with a large workforce, receive third-party disclosure notices and subpoenas for production on a regular basis requiring sensitive documents to be handed over. Therefore, it is important to understand when such requests are permitted, what the information is used for, and how to respond.