Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 6867

    (1)     This rule applies in relation to a subpoena issued by a court (the  issuing court ) if leave to serve the subpoena in New Zealand has been given under the href="http://www.comlaw.gov.au/Series/C2010A00035" title="Trans-Tasman Proceedings Act 2010">Trans-Tasman Proceedings Act

, section 31.

    (2)     A party may apply to the issuing court for the issue of a certificate of non-compliance with the subpoena.

    (3)     An application may be made—

        (a)     if the proceeding in which the subpoena was issued is before the court—orally to the court; or

        (b)     by application.

Note 1     If a person named in a subpoena fails to comply with it, the court that issued the subpoena may issue a certificate of noncompliance under the “b Proceedings Act 2010">Trans-Tasman Proceedings Act

, s 38. See approved form 6.28 (Trans-Tasman proceedings—certificate of noncompliance with subpoena) AF2011-145

Note 2     Pt 6.2 (Applications in proceedings) applies to the application.

Note 3     A certificate of noncompliance is issued if it has been sealed or stamped by the court (see dict).

    (4)     The application must be accompanied by—

        (a)     a draft of the certificate of noncompliance; and

        (b)     a copy of the subpoena; and

        (c)     a copy of the order giving leave to serve the subpoena; and

        (d)     an affidavit of service of the subpoena; and

        (e)     a further affidavit stating the following:

              (i)     whether an application was made to set aside the subpoena;

              (ii)     the material in support of any application in subparagraph (i);

              (iii)     any order that disposed of the application in subparagraph (i);

              (iv)     the material facts relied on for the issue of a certificate of non-compliance.