Subpoena to produce documents (International Arbitration Act 1974) (Form 55B)

Under s 23 of the International Arbitration Act 1974 (Cth), a party to arbitral proceedings may, with the tribunal's permission, apply to a court to issue a subpoena requiring a person to produce specified documents to the arbitral tribunal. A non-party can only be subpoenaed if that is reasonable in all the circumstances (s 23(5)), and no one has to produce a document they could not be compelled to produce in court (s 23(4)). In the Federal Court the application is made in Form 54 with a draft subpoena and an affidavit (r 28.46), and the draft subpoena for production only is Form 55B (r 28.46(3)(b)).

When you need it

• You are a party to an arbitration and need documents held by another person produced to the tribunal.
• The tribunal has given permission for the application (IAA s 23(2)).
• Use Form 55A for attendance only and Form 55C for attendance and production.

1. 1

   Complete the heading and addressee

   Insert the proceeding details and the name and address of the one person who must produce.

2. 2

   Insert the last date for service and your address

   Insert the last date for service and the issuing party's address for service. The Court completes the issue date and the officer's signature.

3. 3

   Set the production details

   Insert the date and time, and for the place, the name of the arbitral tribunal and its address. Also insert the tribunal's address for delivery, since documents may be sent so they arrive at least 2 clear business days before the date.

4. 4

   List the documents

   Complete the Schedule of documents, describing each document or thing specifically. Attach a list if needed.

• File an application in Form 54 with the draft subpoena and an affidavit stating the parties to the arbitration, the arbitrator, where and what the arbitration is, the terms of the tribunal's permission, and any conduct money and witness expenses (r 28.46(1), (2)).
• Serve the issued subpoena on the addressee by the last date for service shown on it.
• The Court may fix an amount for the addressee's reasonable loss and expense of complying and direct the issuing party to pay it (r 28.46(4)).

• Under this form, documents are produced to the arbitral tribunal, not to a Court Registrar, and objections to inspection go to the tribunal in writing at the time of production.
• Copies can be produced instead of originals with the issuing party's consent, in the formats listed in the notes.
• The Subpoenas Practice Note (GPN-SUBP) does not apply to these subpoenas (para 1.2).