Siobhan Hamblin had been subpoenaed to produce documents to Downing Centre Local Court in the criminal prosecution of Kristo Langker, a producer for Jordan Shanks' friendlyjordies channel.

She had applied to set the subpoena aside on Friday, only to make no appearance, the court was told.

After repeated attempts to contact her lawyers, Sydney magistrate Jacqueline Milledge began hearing an application to sign an arrest warrant for non-compliance.

But she avoided doing so after Jacob Rodgers appeared in court after midday, apologised unreservedly and accepted his client could make herself available to give evidence on Wednesday.

"The discourtesy shown in this court is, to me, immeasurable," Ms Milledge told the lawyer.

"You're fortunate this court has had some regard to Ms Hamblin and some concern that she is not getting the proper advice about these matters."

Mr Rodgers said the subpoena had been complied with insofar as Ms Hamblin could, given she'd since lost access to work files and devices.

The loss of access stemmed from Mr Barilaro's resignation, announced on October 4.

"The docs belong to the Department of Premier & Cabinet ... she is simply an employee," he said, saying she'd produced personal text messages.

He said an email provided to the court on Thursday afternoon explained as much.

But the magistrate said writing a letter was not adequate, particularly when Ms Hamblin had initially made the application to set aside the subpoena served in late September.

"You've put her in a terrible position where I could in a moment issue a warrant for her arrest," Ms Milledge said.

A subpoena to produce is expected to be served on the DPC, after Langker's barrister Emmanuel Kerkyasharian raised concern about maintaining the integrity of the documents sought.

He also flagged the potential of applying to find Ms Hamblin in contempt of court "depending on the answers given".

The magistrate stressed to Mr Rodgers she was not making a decision on whether the documents sought should be viewed by Langker but rather why they were not, at the first instance, placed in the court's possession for due consideration.

The development came after NSW police withdrew their bid to have YouTube entertainer Jordan Shanks gagged from commentating on his producer's criminal prosecution and took on their opponents' $22,000 legal bill.

Police in June controversially arrested Kristo Langker, a producer for Jordan Shanks' friendlyjordies channel, and charged him with two counts of stalking Mr Barilaro.

Langker, 21, has pleaded not guilty with his lawyers labelling the arrest "outrageous".

Shanks, who is also fending off defamation action from Mr Barilaro in the Federal Court, has twice posted videos about the arrest, including after being served with the police application to stop him commenting on the case.

Police last Wednesday said they were not interested in the politics of the videos but were concerned witnesses would be influenced before giving evidence in court, or would refuse to give evidence completely.

Shanks's lawyer described the gag order and an associated application to find the entertainer in contempt as "tantamount to an abuse of process".

Both applications were withdrawn on Friday morning with the force agreeing to cover Shanks and Langker's legal costs.

Australian Associated Press