Quach v Butt

[2017] ACTCA 4

ACT Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Subpoenas
3. › Setting aside subpoenas
4. › Legitimate forensic purpose
5. › Whether documents sought had any legitimate forensic purpose in pending appeal
6. › Court Procedures Rules 2006 (ACT), r 6604
1. Practice and Procedure
2. › Interlocutory appeals
3. › Leave to appeal
4. › Principles governing grant of leave
5. › Whether decision attended with sufficient doubt to warrant reconsideration
6. › Supreme Court Act 1933 (ACT), s 37E(4)
1. Practice and Procedure
2. › Subpoenas
3. › Grounds for setting aside
4. › Abuse of process
5. › Fishing
6. › Whether subpoena constituted fishing expedition
1. Practice and Procedure
2. › Protection orders
3. › Personal violence
4. › Harassment
5. › Whether demands for payment of costs ordered by court constituted harassment
6. › Domestic Violence and Protection Orders Act 2008 (ACT), ss 7, 14(1)(c)

Quick Take

An order setting aside a subpoena is an interlocutory order requiring leave to appeal under s 37E(4) of the Supreme Court Act 1933 (ACT). A party seeking to uphold subpoenas on appeal must identify a legitimate forensic purpose for the documents sought, connected to the issues in the proceedings. A party to proceedings has standing to apply to set aside a subpoena under r 6604 of the Court Procedures Rules without needing to demonstrate a separate 'sufficient interest'.