WA Questions on Self-Representation and Subpoena?

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

Ironclad

Active Member
31 October 2017
11
0
31
Hi all, I have a few questions about the process for a subpoena in Family Law, specifically in relation to parenting matters...

  1. If a party submits an affidavit, and the other party believes that the sworn statements are erroneous/misleading, and a correct account can be provided by a third party, is this a valid argument for issue of a subpoena?
  2. Is a self represented litigant required to ask permission from the Court for leave to issue subpoena?
  3. Does a self represented litigant need to show they have made a reasonable attempt to obtain the information, before issue of subpoena?
  4. Are there any grounds in which a party could reasonably argue that attempting to obtain information is aggressive/intimidating/bullying, even if the information is of relevance in the proceedings, in order to validate or disprove sworn statements already made by that party?

Thanks in advance!
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
Enlighten me. What information are you seeking and how does it benefit your case, rather than just disprove some statement in the other party’s affidavit?
 

sammy01

Well-Known Member
27 September 2015
5,152
720
2,894
You don't have to prove the statements are wrong / misleading.. You just have to say you don't agree... If this is about parenting stuff then your approach is all wrong. He said she said is not the way to get a good result.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,726
1,056
2,894
www.hutchinsonlegal.com.au
Depending on the information in dispute it may well be relevant and necessary to obtain a subpoena.

You don't seek leave to apply for subpoena. You make a request for the court to issue a subpoena.

It is not bullying/harassing IF the information being sought is relevant to your court case. The court will likely consider this before deciding on whether to issue the subpoena.