Notice of Request to Inspect - Arbitration

When the court issues a subpoena for production, rule 6.37 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 gives the parties a right to inspect the produced documents if the issuing party has served the subpoena on each other party, interested person and independent children's lawyer at least 10 days before the production date and files a notice of request to inspect in the approved form (r 6.37(1)(c)). This version of the notice is for subpoenas issued in aid of an arbitration. Unless an objection has been made under rule 6.38 by the production date, the parties may then inspect and, except for child welfare, criminal, medical and police records, copy the documents (r 6.37(2)). The court's Family Law Practice Direction - Arbitration should be read first.

When you need it

• A subpoena for production has been issued by the court for a family law arbitration and the production date has passed.
• You are the party who issued the subpoena, or their lawyer (or hold a letter of authority from that lawyer).
• Use one form for each subpoena you want to inspect.

1. 1

   Court and file details

   Mark the court that issued the subpoena (Division 1, Division 2, the Family Court of Western Australia or other) and give the file number.

2. 2

   Parts A and B: parties and arbitrator

   Name the parties to the arbitration and the arbitrator, with the arbitrator's address for service, phone, email and lawyer's code if applicable.

3. 3

   Part C: who is asking

   Print your name (and firm) and certify whether you are the lawyer for a party who issued the subpoena (or authorised by that lawyer), or a party who issued it. Parties must provide photo identification.

4. 4

   Part D: the subpoena

   Give the person subpoenaed, dates issued and served, who the material relates to, the production date and whether it includes medical records. Tick that the production date has passed and that no order has been made under s 102BD of the Family Law Act stopping inspection because a protected confidence would be disclosed.

5. 5

   Parts E and F: service and signature

   Certify that you served the subpoena on the named person, and a copy on each other party and interested person, as rules 6.30 and 6.37(1)(b) require, and that no notice of objection has been received. Sign and date the form.

• The form is not accepted for filing until after the production date stated in the subpoena (r 6.37(2)).
• It cannot be eFiled on the Commonwealth Courts Portal. File it at the registry where the matter is being heard, by email or post; filing addresses are on the court's locations page. The court's form page says matters filed in NSW or the ACT are generally heard in Sydney, Queensland in Brisbane and Victoria in Melbourne.
• A registry officer decides whether the documents can be released and whether you may view only or view and copy. Inspection is by appointment (r 6.37(3)).

• If anyone has lodged a Notice of Objection, there is no access until the court decides it.
• Where medical records or other protected confidences are produced, the person they concern may first inspect them and object within 7 days after the production date, and nobody else may inspect them before then unless the court orders otherwise (r 6.38(2)-(3)).
• Documents produced for an arbitration may only be used for the arbitration (Practice Direction - Arbitration, para 2.4).