Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 26A.03

Service of subpoena

                   A subpoena to which Division 2 of Part 5 of the Trans-Tasman Proceedings Act 2010 applies must also be accompanied by an information sheet in a form approved by the Chief Executive Officer.

Note 1:       Subsection 32(2) of the Trans-Tasman Proceedings Act 2010 requires the subpoena to be accompanied by a copy of the order giving leave for service and a notice in the prescribed form.

Note 2:       Section 33 of the Trans-Tasman Proceedings Act 2010 requires the reasonable expenses of complying with the subpoena to be paid at the time of service of the subpoena or at some other reasonable time before compliance with the subpoena is required.

Summary of Chapter 26B

Chapter 26B sets out rules relating to arbitration. In particular, the Chapter contains rules about disclosure (Part 26B.1) and subpoenas (Part 26B.2) in arbitrations. See also Part 5 of the Regulations for additional requirements relating to arbitration. Delegation of the Family Court's powers in relation to arbitration is set out in Chapter 18 of these Rules.

The rules in Chapter 1 relating to the court's general powers apply in all cases and override all other provisions in these Rules.

A word or expression used in this Chapter may be defined in the dictionary at the end of these Rules.

   



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