Commonwealth Numbered Regulations

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1994 No. 224 FEDERAL COURT RULES (AMENDMENT) - RULE 9

9. Order 27, rule 4 (Production by non-party)
9.1 Subrule 4 (1): Omit "of any document or thing, being a subpoena requiring
attendance before the Court or a Judge or officer of the Court,".

9.2 Subrule 4 (1): Omit "him", substitute "that person".

9.3 Subrule 4 (1): Omit "not later than the day before the first date",
substitute "or at the Registry nearest to the place at which the subpoena was
served, not later than 2 days before the day".

9.4 Subrule 4 (1): Omit "his".

9.5 Subrule 4 (2): Omit "to the Registrar", substitute "to a Registrar".

9.6 Paragraphs 4 (2) (a) and (b): Omit the paragraphs, substitute:

"(a) require the person producing the document or thing to give to the
Registrar a description, in a form approved by the Registrar, of the document
or thing or of the category of the document or thing; and

   (b)  give a receipt to the person for the document or thing produced; and

   (c)  send the document or thing to the proper place or as the Court may
        direct.".

9.7 New subrule 4 (2A): Insert after subrule 4 (2):



"(2A) If a document or thing is produced to a Registrar other than at the
proper place, liability for the expenses of the Court in sending the document
or thing to the proper place is borne:

   (a)  by the party at whose request the subpoena was issued; or

   (b)  in default of the party-by the party's solicitor.".

9.8 Subrule 4 (3): Omit all the words after "as", substitute "is a subpoena to
give evidence.". 


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