What happens if I want to inspect a document related to my family law case?

In Plain English

If you want to see a document related to your family law case that has been produced via a subpoena (a court order to produce documents), here's what you need to know:

  1. General Rule: You can only use the document for your family law case. You can't share it with anyone else unless the court says it's okay. However, you, your lawyer, and any experts involved in the case can share the document with each other.
  2. How to Inspect:
    • The person who asked for the document (the "issuing party") has to give everyone involved in the case (other parties, any interested people, and the children's lawyer, if there is one) a copy of the subpoena at least 10 days before the documents are due.
    • The issuing party also needs to file a request to inspect the documents.
    • If no one objects to you seeing the document by the date it's due, you can then make an appointment to inspect and copy it.
  3. What You Can't Inspect: You generally can't inspect or copy child welfare records, criminal records, medical records, or police records.
  4. Objecting to Inspection: If someone doesn't want you to see the document, they have to file a written objection with the court and notify you, the person who was subpoenaed, and everyone else involved in the case before the date the document is due.
  5. Medical Records and Confidential Information: If the documents are your medical records or contain other protected confidential information, you can ask to review them first to decide if you want to object to anyone else seeing them. You have 7 days after the production date to file an objection.

Detailed Explanation

The Federal Circuit and Family Court of Australia (Family Law) Rules 2021 outline the procedures for accessing documents produced under subpoena in family law proceedings. Specifically, Division 6.5.2 addresses the production of documents and access by parties.

  • Rule 6.36 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 restricts the use of documents produced under subpoena for production to the purpose of the proceedings. It prohibits disclosure of the contents or providing copies to any other person without the court's permission. Exceptions are made for solicitors disclosing to their clients or counsel, and clients disclosing to their solicitors or counsel. Documents can also be provided to experts as permitted by Chapter 7 of the Rules.
  • Rule 6.37 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 outlines the right to inspect documents. This right is conditional on:
    • The court issuing a subpoena for production under rule 6.26.
    • The issuing party serving a copy of the subpoena on each other party, any interested person, and any independent children’s lawyer at least 10 days before the production date (rule 6.30).
    • The issuing party filing a notice of request to inspect.
    • If no objection is made under rule 6.38 by the date required for production, each party and any independent children’s lawyer may inspect and take copies of the subpoenaed documents, excluding child welfare records, criminal records, medical records, or police records (defined in rule 1.05). Inspection is by appointment and without a court order, unless otherwise ordered.
  • Rule 6.38 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 details the process for objecting to production, inspection, or copying of documents. A person objecting must provide written notice of the objection and its grounds to the Registry Manager, the person subpoenaed (if the objector is not that person), each party to the proceeding, and each independent children’s lawyer before the day stated in the subpoena for production.
    • If the issuing party seeks medical records or documents relating to a protected confidence, the person may notify the Registry Manager of their intention to inspect the records to determine whether to object. They then have 7 days after the production date to notify the Registry Manager of any objection, including the grounds.