Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) The court may, on application, issue a subpoena requiring a person:
(a) to attend an arbitration to give evidence; or
(b) to produce documents to the court in relation to an arbitration; or
(c) to produce documents to the court in relation to an arbitration and attend the arbitration to give evidence.
(2) A subpoena mentioned in subrule (1) must be in the approved form.
(3) An application, under subregulation 67N(2) of the Regulations, by a party to an arbitration for the issue of a subpoena:
(a) may be made orally or in writing; and
(b) may be made without giving notice to any other party to the arbitration; and
(c) may be determined in chambers in the absence of the other parties to the arbitration.
(4) A party to an arbitration must not request the issue of a subpoena for production and to give evidence if production would be sufficient in the circumstances.
(5) A subpoena must identify the person to whom it is directed by name or description of office.
(6) A subpoena may be directed to 2 or more persons if:
(a) the subpoena is to give evidence only; or
(b) the subpoena requires each named person to produce the same document (rather than the same class of documents).
(7) A subpoena for production:
(a) must identify the document to be produced and the time and place for production; and
(b) may require the named person to produce the document before the day the arbitration is to start.
(8) A subpoena to give evidence must specify the time and place at which the person must attend the arbitration to give evidence.
(9) A subpoena for production and to give evidence must:
(a) identify the document to be produced; and
(b) specify the time and place at which the person must attend the arbitration to produce the document and give evidence.