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Subpoenaing TICA Records

I am a SLR and wondering whether it is possible to subpoena someone's TICA records (tenancy blacklist database) (ie they are listed on TICA for non payment of rent, damage etc) for federal magistrates court. I understand I must get permission from a register or judge first.

Thank you
All Subpoena's must be on the approved form. An SRL MUST seek permission of the court before having a  Subpoena issued. You will need to discuss with the Registry around the days that these hearings are run and make application to the court.

There are rules around what you can and can't ask for so do some research first and talk to the local Registry.

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
Thank you for answer. I have the form and will talk to the registry around the time. It looks all pretty straight forward from research as long as I show relevancy :)
I can't understand how this would be relevant to your case, other than to under mind the other party?  What relevance has this got to do with a family law matter?  Are you trying to prove that the other party in your proceedings can not provide a stable home due to their rental history?  Remember, they could always rent privately thus this would not benefit your case in any way, shape or form.
Hi Ethie,

It more has to do with the environment of the past houses and the current (up to 30 cats living in one room, ammonia smell oozing onto the street from the feaces and urine and my partner living in this property and having my child their). It is by no means to under mind the other parent at all as they are a good parent, but to show why I have stopped letting the child see their parent in that environment and look at other options.

Oh, thanks.  I was just wondering (don't mean to be nosey) I do understand why you are doing that because that is not a good environment for your child.  

Thanks again.
That's ok, I was trying to be as vague as possible but I guess that doesn't help when asking for advice as it only results in more questions!

And it is ex partner not partner ;)
I do not believe the TICA database holds that kind of detailed information. The agent managing the property would likely have that type of information.

You allege that "up to 30 cats living in one room, ammonia smell oozing onto the street from the feaces and urine" - have you not documented evidence of this first-hand? i.e. photo's?  video? Witnesses? etc.

Yes 4mydaughter I do have proof, TICA was another option to strength the case. I have contacted them regarding this.
And their records carry that level of detail do they?

I am unsure 4mydaughter, better to be over prepared and explore every option than to make assumptions and not try at all. As I said it was another avenue to explore, being an SLR you need to do the ground work even if it leads to a dead end.
In any event, any material they may provide would probably run fowl of hearsay rules.

Yes I think this now would be the case in relation to TICA.

Do you think a statement from a property manager would be admissible or would I have to ask that they write and affidavit for me?

Im thinking that even if they just gave me a statement and were not willing to write an affidavit then I could subpoena them to give oral  evidence do you think?
There is much discussion about cats and not much discussion about kids… Are there any children involved here? What is the family matter about? Is this about contact issues where a child is going to a residence that you believe is unsuitable? Are there alternatives that you have explored or do you just want your day in court because you can?

Are you the applicant or respondent?

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
The agent is definitely going to be more useful to you than TICA records. Agents these days often take photos as part of their condition reports which evidence the before and after condition of every property. My real estate store the pictures on a CD and present them to the tenant with the condition report. They then take pictures at the end of tenancy to prevent disputes over damages.

They don't have to actually write an affidavit. You can get a statement from them and draft it up into affidavit format and then have them sign it if they're willing. Whether they'll be willing or not is another question. There may be privacy issues involved. But you can be sure they'll have documentation of the condition of the house - condition reports are standard practice.

I'm assuming you're seeking to prove her residence unsuitable for the kids to live in. But seeking TICA records would indicate you're referring to her previous residence, so not sure how that will go.
An agent materials are records created during the ordinary course of business and are exempt from hearsay rules. So letter and the like written by the agent are almost as good as an affidavit - arguably better in some respects.

On the other hand, materials held by TICA would likely run fowl of hearsay rules.

Subpoenaing TICA is a waste of time because they don't witness/see anything first-hand.

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