Phoenix Co Investments Pty Ltd (in Liquidation) (Acn 625 685 645) v Robert George Harding [2026] VSC 228 — Practice And Procedure & Order 42A Subpoenas — Barrister AI
Phoenix Co Investments Pty Ltd (in Liquidation) (Acn 625 685 645) v Robert George Harding
Plaintiff seeking inspection of subpoenaed documents to prosecute substituted service application
Quick Take
1Where a plaintiff cannot serve a copy of a subpoena on the defendant because the defendant's address is unknown and the subpoena was issued in aid of a substituted service application, service is not yet 'practicable' within r 42A.04(2), so there is no non-compliance requiring formal dispensation.
2A subpoena directed to a party's former solicitors seeking contact details is a legitimate forensic use of the subpoena power where the documents are relevant to a substituted service application, provided the subpoena includes appropriate instructions for redaction of legally professionally privileged material.
3The court retains a discretion to direct the Prothonotary to grant access to subpoenaed documents where the requirements of r 42A.04(2) cannot practicably be met, consistent with the overarching purpose in ss 8 and 9 of the Civil Procedure Act 2010 (Vic).
