Commonwealth Numbered Regulations

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1979 No. 140 FEDERAL COURT RULES - RULE 37.1

Attendance
1. (1) Where the Court by subpoena or otherwise, makes an order in any
proceedings for the attendance of a person-

   (a)  for the purpose of giving evidence;

   (b)  for the production of any document or thing;

   (c)  to answer a charge of contempt; or

   (d)  for any other purpose, and the person defaults in attendance in
        accordance with the order, the Court may, on application by a party or
        of its own motion-

   (e)  issue, or make an order for the issue of, a warrant to the Sheriff or
        such other person as the Court may appoint for the arrest of the
        person in default and for the production of the person in default
        before the Court or before an examiner or other person for the purpose
        of the proceedings and for his detention in custody in the meantime;
        and

   (f)  order the person in default to pay any costs occasioned by the
        default.

(2) Sub-rule (1) does not affect-

   (a)  the powers of the Court to punish for the contempt;

   (b)  the provisions of Order 40 (which relates to contempt); or

   (c)  the powers of the Court under section 119 of the Conciliation and
        Arbitration Act 1904.



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