ByLawyers News and Updates

New subpoena case – ACT

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A new subpoena case has been added to the By Lawyers reference manual 101 Subpoena Answers.

In Instyle Estate Agents Guhgahlin Pty Ltd v Hambrook [2020] ACTSC (26 October 2020) the court set aside a number of subpoenas in a civil matter, following Federal, NSW and previous ACT authorities.

The decision is particularly useful because it canvasses the plaintiffs’ four separate grounds for objection to the subpoenas, namely:

  • that they lacked a legitimate forensic purpose;
  • that they in effect sought discovery from non-parties, or alternatively, the terms of the subpoenas were impermissibly wide so as to constitute ‘fishing’;
  • that the terms of the schedules to each subpoena were so wide as to be oppressive; and
  • that the issuing party failed to pay both conduct money and money for the reasonable expenses of production.

McWilliam AsJ discussed and determined the court’s power and the applicable legal principles in respect of each of those grounds of objection.

This new subpoena case augments the many cases from all Australian jurisdictions to which links are provided in this helpful publication publication. It will particularly assist ACT practitioners in understanding and applying the law on subpoena objections.

101 Subpoena Answers is available in the Reference Materials folder on the matter plan in every By Lawyers litigation publication.

ACT – Estates – New publication

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We are delighted to announce a new publication by our ACT author, Doug Dawson, being a Guide for Probate and Letters of Administration (ACT).

The guide features detailed commentary, a matter plan and all necessary forms and precedents for obtaining a grant, getting in the assets and making the distribution.

The practical nature of this publication allows the practitioner to:

  • take instructions via our comprehensive and methodical instruction sheet;
  • gather information readily using our library of initial letters to asset holders;
  • make an application for probate or letters of administration with ease and confidence;
  • have a deed of release and indemnity and a deed of family arrangement immediately available in the mater when required.

We invite ACT practitioners – and those in other states who may need to conduct ACT estate matters – to explore our Probate and Letters of Administration matter plans, to appreciate the practicality and value of our publication.

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