---
title: "Subpoenas (Federal Court Forms 43A, 43B and 43C): issuing, service, conduct money and production"
url: "https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/form-fca-subpoena"
type: "precedent"
site: "AI Law Framework"
id: "a5-form-fca-subpoena"
area_id: "A5"
kind: "form"
ai_level: "yellow"
version: 1
task_ids: ["A5-V20260923-4"]
law_stated_as_at: "2026-10-18"
---

# 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.

Canonical page: https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/form-fca-subpoena  
Law stated as at: 2026-10-18

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

## Key facts

- Kind: Form. A form to complete, or a guide to completing an official one.
- Practice area: [Commercial Litigation & Dispute Resolution](https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution.md)
- Jurisdictions: Australia, Commonwealth
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-18
- Status: Maintained. Checked on 2026-10-18 against the official form at fedcourt.gov.au and the 3 authorities it cites, for Australia and Commonwealth.

## 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

- [Decide whether discovery or suppressed material can go into a tool](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/decide-whether-discovery-or-suppressed-material-can-go-into-a-tool.md)

## 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

## Authorities

- [Federal Court Rules 2011 (Cth) r 24.13 (form of subpoena), r 24.15 (setting aside), r 24.17 (compliance and conduct money)](https://www.legislation.gov.au/F2011L01551/latest/text)
- [Federal Court of Australia, Federal Court Rules forms (Forms 43A, 43B, 43C and 44)](https://www.fedcourt.gov.au/forms-and-fees/forms/federal-court-rules)
- [Federal Court of Australia, fees (item 126, issuing a subpoena)](https://www.fedcourt.gov.au/forms-and-fees/court-fees/fees)

## Official form

[Official form](https://www.fedcourt.gov.au/forms-and-fees/forms/federal-court-rules)

## 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.

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/commercial-litigation-and-dispute-resolution/form-fca-subpoena and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

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