Responding to a Subpoena for Production in Australia

Daniel Gosewisch, General Counsel, WorkPac Group, Australia

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.

Daniel Gosewisch is an experienced in-house counsel from Queensland, Australia, with experience across mining, petroleum, government and retail businesses. He is currently General Counsel of the WorkPac Group, Australia’s largest privately-owned labour hire business. His previously roles include acting a General Counsel for Arrow Energy, Minor DKL, and Racing Queensland.

WorkPac Group is Australia’s largest privately-owned labour hire business, and operates from more than 40 locations Australia-wide. It had more than $1 billion in revenue in 2021, and industry-leading safety record, and more than 1.3 million candidates registered candidates.