In Queensland, the test for setting aside subpoenas in civil proceedings is no longer the two-fold test derived from Chidgey requiring the applicant to show it is 'on the cards' that the evidence will materially assist the case. Following Blacktown City Council, a subpoena will be presumed to have been issued for a legitimate forensic purpose if the documents or evidence sought are 'apparently relevant' to the issues in the proceeding — meaning they could reasonably be expected to throw some light on some of the issues. The issuing party's inability to show the subpoenaed documents are likely to assist its case will not necessarily mean the subpoena lacks legitimate forensic purpose. The conflict between R v Leach and R v Kinghorn on the use of compulsorily acquired material under the TAA remains unresolved in Queensland.
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