Queensland Consolidated Regulations

DOMESTIC AND FAMILY VIOLENCE PROTECTION RULES 2014 - REG 44

44 Costs of complying with subpoena if non-party

(1) This rule applies if—

(a) a subpoena for production is addressed to a person who is not a party to the proceeding; and

(b) a DFVP court is satisfied the person has or will incur substantial loss or expense in complying with the subpoena.

(2) The DFVP court may order the party on whose behalf the subpoena was issued to pay all or part of the losses and expenses, including legal costs, incurred by the person to whom the subpoena is addressed in responding properly to the subpoena.

(3) The DFVP court may fix the amount payable under subrule (2) or it may order the amount to be fixed by assessment.

(4) An order under this rule may be made at the hearing or at another time but in all cases before the order is made finally deciding the proceeding at first instance.

(5) If a party who is ordered to pay losses and expenses under subrule (2) obtains an order for the costs of the proceeding under the DFVP Act , section 157 , the DFVP court may make another order it considers appropriate.