---
title: "Issue a Victorian subpoena for clinical records only after a defence is filed"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/prepare-a-subpoena-for-clinical-records-in-a-personal-injury-proceeding/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-LT20261023-3-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "red"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Issue a Victorian subpoena for clinical records only after a defence is filed

> From the lawyer's list of hospitals and treating practitioners, draft the addressee, date range and document classes, and mark whether leave is required. The tool does not write the subpoena.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/prepare-a-subpoena-for-clinical-records-in-a-personal-injury-proceeding/victoria  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | From the lawyer's list of hospitals and treating practitioners, draft the addressee, date range and document classes, and mark whether leave is required. The tool does not write the subpoena. |
| What the lawyer must review | The lawyer settles the addressee, the date range and the form, and issues the subpoena. Do not issue a production subpoena to the Prothonotary before the first defence, without leave. Paragraph 6.3 is about redaction of documents to be discovered, not subpoenaed records. A self-represented party needs leave to issue a County Court subpoena. |
| Written for | Victoria |
| Applies to | [Prepare a subpoena for clinical records in a personal injury proceeding](https://ailawframework.com/practice/personal-injury-and-compensation/prepare-a-subpoena-for-clinical-records-in-a-personal-injury-proceeding.md) |

## Checking plan

**Verify against sources**

The lawyer issues the Victorian subpoena. The tool lists addressees and whether leave is required.

- What the AI does: From the lawyer's list of hospitals and treating practitioners, draft the addressee, date range and document classes, and mark whether leave is required. The tool does not write the subpoena.
- What the lawyer does: Settle and issue the subpoena. The tool only lists addressees and date ranges.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. Practice Note SC CL 3: do not issue a subpoena for production to the Prothonotary before the first date a defence is filed, without leave.
2. Once pleadings have closed, correspond about discovery categories and about redaction or de-identification of documents to be discovered. Paragraph 6.3 does not set the rule for subpoenaed clinical records.
3. Bring a subpoena objection in time for it to be decided before mediation.
4. County Court Order 42 uses Form 42A to attend, Form 42B to produce and Form 42C for both. Order 42A is production to the registrar.

## Notes

- Practice Note SC GEN 25, issued on 14 May 2026, covers Supreme Court documents, including pleadings, submissions and expert reports. Do not put confidential or sensitive material into a public AI tool.
- A self-represented party needs leave to issue a subpoena. The text of Order 42 was taken from the Common Law Division practice note, not from the County Court rules themselves.

## Practical guide

Jurisdiction: Supreme Court of Victoria personal injury lists, or the County Court Common Law Division

**Deliverable**: An addressee and date-range schedule. The lawyer writes the subpoena.

**Inputs**

- Hospitals and treating practitioners named by the lawyer
- Whether a defence has been filed
- The mediation date

**Example**: Illustrative example: No defence is on the file. The schedule marks the subpoena as needing leave. The lawyer decides whether to apply.

**Stop and escalate when**

- The addressee is not identified.
- The tool is asked to issue the subpoena.

Checked 2026-10-23.

## Sources

- [Supreme Court of Victoria, Practice Note SC CL 3, paragraphs 6.2 and 6.3](https://www.supremecourt.vic.gov.au/sites/default/files/2026-06/SC%20CL%203%20-%20Personal%20Injuries%20Litigation.pdf) (checked 2026-10-23)
- [County Court of Victoria, Common Law Division Practice Note, section 9](https://www.countycourt.vic.gov.au/files/documents/2026-02/common-law-division-practice-note-pncld-feb-2026_0.docx) (checked 2026-10-23)
- [Supreme Court of Victoria, Practice Note SC GEN 25](https://www.supremecourt.vic.gov.au/areas/legal-resources/practice-notes/sc-gen-25-the-use-of-artificial-intelligence-by-court-users) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*