Commonwealth Numbered Regulations

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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 6.41

Failure to comply with subpoena

                   If:

                     (a)  a person subpoenaed does not comply with a subpoena; and

                     (b)  the court is satisfied that the person subpoenaed was served with the subpoena and given conduct money in compliance with rule 6.31;

the court may issue a warrant for the person's arrest and order the person to pay any costs caused by the non-compliance.

Note 1:       A person who does not comply with a subpoena may be guilty of contempt (see section 112AP of the Family Law Act).

Note 2:       A person does not need to comply with a subpoena if it was not served in compliance with rule 6.30 or the person serving the subpoena did not give the person subpoenaed conduct money in compliance with rule 6.31.



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