BELROSE & BELROSE

In *Belrose & Belrose*, heard by Judge Terry in the Federal Circuit Court of Australia, the Commissioner of Police objected to a subpoena issued on 16 September 2019, seeking the production of certain documents. The dispute concerned the scope and validity of the subpoena in the context of family law proceedings.

The court was required to determine whether the Commissioner of Police was obliged to produce the documents requested in paragraphs 3(a) and 3(c) of the subpoena's schedule, and whether the subpoena should be set aside in relation to paragraph 3(d). These issues involved the application of the Federal Circuit Court Rules 2001 concerning the production of documents via subpoena and the grounds upon which such subpoenas may be challenged.

Judge Terry ruled that, pursuant to rule 15A.14 of the Federal Circuit Court Rules 2001, the Commissioner of Police was not required to produce the documents specified in paragraphs 3(a) and 3(c) of the schedule. Furthermore, applying rule 15A.09 of the Federal Circuit Court Rules 2001, the court ordered that the subpoena be set aside in respect of paragraph 3(d) of the schedule.