Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 24.17

Compliance with subpoena

             (1)  An addressee need not comply with the requirements of a subpoena to attend to give evidence if conduct money has not been handed or tendered to the addressee a reasonable time before the date attendance is required.

             (2)  An addressee need not comply with the requirements of a subpoena if it is not served on or before the date specified in the subpoena as the last date for service of the subpoena.

             (3)  Despite rule 24.16 (1), an addressee must comply with the requirements of a subpoena even if it has not been served personally on the addressee if the addressee has, by the last date for service of the subpoena, actual knowledge of the subpoena and of its requirements.

             (4)  The addressee must comply with a subpoena to produce by:

                     (a)  attending at the date, time and place specified for production and producing the subpoena or a copy of it and the document or thing to the Court or to the person authorised to take evidence in the proceeding as permitted by the Court; or

                     (b)  delivering or sending the subpoena or a copy of it and the document or thing to the Registrar at the address specified for the purpose in the subpoena, or, if more than one address is specified, at any of those addresses, so that they are received not less than 2 clear business days before the date specified in the subpoena for attendance and production.

             (5)  For a subpoena that is both a subpoena to attend to give evidence and a subpoena to produce, production of the subpoena or a copy of it and of the document or thing in any of the ways permitted by subrule (4) does not discharge the addressee from the obligation to attend to give evidence.

             (6)  Unless a subpoena specifically requires the production of the original document, the addressee may produce a copy of any document required to be produced by the subpoena.

             (7)  The copy of a document may be:

                     (a)  a photocopy; or

                     (b)  in an electronic form that the issuing officer has indicated will be acceptable.

             (8)  The issuing party must, at that party's expense:

                     (a)  make an electronic image of any photocopy of a document produced under subrule (7); and

                     (b)  lodge the electronic image with the Registrar within the time specified by the Registrar.

Note:          Conduct money is defined in the Dictionary.



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