Form · Commercial Litigation & Dispute Resolution

Subpoenas (Federal Court Forms 43A, 43B and 43C): issuing, service, conduct money and production

Link to the Federal Court's subpoena forms with a guide to choosing the form, describing documents, the last date for service, conduct money, how the addressee produces, setting aside, and the fee.

Kind
Form. A form to complete, or a guide to completing an official one.
Where it applies
Australia, Commonwealth
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
18 October 2026
Status
Maintained. Checked on 18 October 2026 against the official form at fedcourt.gov.au and the 3 authorities it cites, for Australia and Commonwealth.
Version
1
Source
Link to the official form. Licence: © Commonwealth of Australia (Federal Court of Australia). Link only: download the current approved form from the Court each time; do not copy or adapt it.

Where this comes from

The official form is published by fedcourt.gov.au; this page is a completion guide. Last checked on 2026-10-18.

When to use it

Use when a party needs a non-party (or party) to give evidence or produce documents in a Federal Court proceeding, or when acting for an addressee served with a subpoena.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

AI may help draft the schedule of documents from the issues and check the subpoena against r 24.13; the lawyer settles the scope and checks every subpoena before it is issued.

AI may

  • Draft a schedule of documents to be produced from the pleaded issues, for the lawyer to narrow and settle
  • Check the draft against r 24.13 (one addressee, identified documents, date, time and place, last date for service)
  • Calculate the last date for service (5 days before the earliest compliance date unless the Court fixes another), for the lawyer to confirm

AI must not

  • Must not decide the scope of the subpoena or whether it is oppressive or a fishing exercise
  • Must not process produced documents in a tool the Court's orders, the implied undertaking or the practice note do not allow

The lawyer checks

  • Correct form: 43A (give evidence), 43B (produce documents) or 43C (both); one addressee only
  • Documents identified with enough precision, and a legitimate forensic purpose for each category
  • Served by the last date for service stated in the subpoena, with conduct money tendered a reasonable time before compliance
  • Fee paid at the correct rate

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Official form

Open the official form. Always use the current version from the issuer. Licence: © Commonwealth of Australia (Federal Court of Australia). Link only: download the current approved form from the Court each time; do not copy or adapt it..

Read the full text

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