Subpoenas in ASIC Cases

Subpoenas in ASIC cases need to be treated with caution.

When issuing a subpoena that is held by a company or employer, the subpoena should be addressed appropriately to the company or specific person with the authority over the documentation. An employee may not be compelled as they cannot not be imposed upon to violate any duty to their employer.

It is also important to note that the Court may order the amount of any losses or expenses incurred in complying with the subpoena to be paid by the issuing party.

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