Summons a witness

You need to ask us if you can issue someone a summons by completing our Summons to attend to give evidence or produce documents form. In the form, it's important the details of the person or corporation you are summonsing is correct. If they're not, it may cause delays.

If you're summonsing a corporation

If you’re summonsing a corporation, you need to send the summons to its registered address.

You will need to buy an ASIC Company Extract to fill out the form correctly.

On the form, write down the name and address of the company that appears on their ASIC Company Extract.

When sending the summons to the corporation, you should direct it to the contact person you want it delivered to. If you don't know the contact person, you can address it to 'The Proper Officer'. For example:

The Proper Officer
This Company Pty Ltd
c/o Contact name
King Road
Melbourne VIC 3000

If the person or corporation is outside Victoria

You can apply to summons a witness or evidence from outside Victoria. This is also called a 'subpoena'.

Only our President or one of our Vice Presidents can issue interstate summonses. If you want to summons a corporation, you must provide us with an ASIC Company Extract with your application. If you don't it may cause delays.

Together with your summons form, fill out and give us an:

• Affidavit of service for summons to witness that supports your application
• Form 5 - Notice to witness who is outside Victoria
• ASIC Company Extract – if you are summonsing a corporation.

How to fill out and send Form 5 - Notice to witness who is outside Victoria

This form sets out the rights and obligations of the witness being served. You must fill it out and give it to us with your application.

In the form:

• the 'date of compliance' is the same as the date you write on the Summons to attend to give evidence or produce documents form
• the 'person at whose request the subpoena was issued' is your name.

What to send to the person or corporation summonsed from interstate

You can only send the interstate summons after:

• our President or one of our Vice Presidents approves the summons and makes an order
• we issue you the summons with the VCAT seal stamped on it.

After that happens, send the witness:

• the signed summons with the VCAT seal
• the completed Form 5 that we've returned to you
• the order from us that approves the summons.

We may make an order that says the summonsed person or corporation doesn't have to come to VCAT if they give us the evidence by the date we set.

After we receive your form we will decide if you can issue a summons.

If your summons is for a person to produce documents, we may schedule a short directions hearing to return the documents. This would mean parties can inspect and copy the documents and use them to prepare for the final hearing.

If your summons is for a witness to attend to give evidence at a hearing, the date and time on the summons form must be the start date and time of the hearing. 

We may refuse to issue a summons. If our Principal Registrar refuses to issue the summons, you can apply to VCAT for a direction that a summons be issued by using the Application for directions hearings or orders form.

If we agree to your request, we will issue a summons after you pay the fee.

Complete our Affidavit of service for summons to witness to confirm that you served the summons according to the law. In your affidavit you must swear of affirm that:

• it's in the interest of justice for the witness to give evidence in person or provide evidence such as documents
• there is enough time for the witness to follow the summons without hardship or inconvenience
• the witness is only required to attend to provide documents or other physical evidence.

In this form, there is a list of some of the people who are authorised to witness your affidavit.

The Department of Justice and Community Safety has information about how to complete an affidavit and who is authorised to witness you sign it.

Pay the summonsed witness’ expenses so they can come to VCAT.