VIC Can you subpoena another person's mobile phone records?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

ppc

Member
7 February 2021
1
0
1
Hi,
We recently lost a case in court and found out later that the chief judge had links to the respondents and our expert witness. Can I subpoena mobile phone records to prove they contacted each other?
 

Tim W

Lawyer
LawTap Verified
28 April 2014
4,283
751
2,894
Sydney
Who is "we"?
What sort of case?
Are you asking in the course of an appeal?
 

Rod

Lawyer
LawTap Verified
27 May 2014
7,243
979
2,894
Possibly. How did you find out, and what evidence is there the judge had links to the parties?

Phone records may not be sufficient evidence of bias anyway. In small country towns, and at the top end of town, judges often know various parties and that is often not enough by itself to disqualify a judge from a case for apparent or actual bias.

There is a lower threshold about whether the judge should have advised you during the case they knew the other parties.

If you are considering an appeal be aware of the time limits in which to initiate an appeal.