Commonwealth Numbered Regulations

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FEDERAL COURT (CRIMINAL PROCEEDINGS) RULES 2016 (F2016L01726) - RULE 8.14

Failure to comply with subpoena--contempt of court

             (1)  Failure to comply with a subpoena without lawful excuse is a contempt of court and the addressee may be dealt with accordingly.

Note:          For the rules of the Court relating to contempt, see Part 42 of the Federal Court Rules 2011 .

             (2)  Despite subrule 8.07(1), if a subpoena has not been served on the addressee in accordance with that subrule, the addressee may be dealt with for contempt of court as if the addressee had been so served if it is proved that the addressee had, by the last date for service of the subpoena, actual knowledge of the subpoena and of its requirements.

             (3)  Subrules (1) and (2) are without prejudice to any power of the Court, under any rules of the Court (including any rules of the Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena.



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