Subpoena reminder for family lawyers

Practitioners are reminded that since 6 May 2024, new restrictions apply to issuing subpoenas to information sharing agencies in family law proceedings.

Section 67ZBK of the Family Law Act 1975 (Cth) restricts parties from requesting the issue of subpoena without leave of the court where a section 67ZBE order has been made. 

Orders made under section 67ZBD may also include a restriction on the issue of subpoena in the same terms as the order. 

An information sharing agency may require confirmation that leave to issue the subpoena has been granted in circumstances where an order under section 67ZBD and 67ZBE has been made.

Practitioners must provide confirmation of this leave to the relevant agency. 

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