Commonwealth Numbered Regulations

1994 No. 463 FEDERAL COURT RULES (AMENDMENT) - REG 12

12.1 New Form 55DA: After Form 55D, insert:
FORM 55DA
APPLICATION
(Order 52C, subrule 3 (4))
(Heading as in Form 1) The applicant appeals to the Court against the
departure prohibition order referred to below and applies for the order to be
set aside or to be varied in the manner set out below. Departure Prohibition
Order appealed against: (specify) Orders Sought: (specify the orders or relief
sought ) Grounds: (specify grounds relied on in support of the orders or
relief sought)
Date:    eg 7 May 19   .

..............................................
(signature of applicant or applicant's solicitor)
To:    The respondent


* (address) A directions hearing in this application will be heard by the
Court at the time and place specified below. If there is no attendance before
the Court by you or your counsel or solicitor, the application may be dealt
with and judgment may be given or an order made in your absence. Before
attending at this time you must file a notice of appearance in the Registry.
Time:    (date and time to be entered by Registry unless  fixed by

Court)
Place:    (address of Court)

Date:    eg 7 May 19  .

.................................

   (signed) Registrar The applicant's address service is (specify address for
        service)

*NOTE: The address of the respondent to be inserted is the address of the
office of the Australian Government Solicitor in the district of the Registry
in which the departure prohibition order was made.

12.2 Form 66: Subparagraph (c) (i): Omit the subparagraph, substitute:

"(i) you need not comply with this subpoena unless allowances and travelling
expenses sufficient to meet your reasonable expenses are paid, or tendered to
you, or vouched for at the time of service of the subpoena, or not later than
a reasonable time before the day on which you would be required to attend the
Court; and".

12.3 Form 66: Paragraph (c): After subparagraph (iii), add:

"; and (iv) if you are not a party to the proceeding and you incur substantial
expense or loss in complying with this subpoena, you may apply to the Court
for an order that the party who requested the issue of the subpoena pay to you
an amount to compensate you for such expense or loss as is reasonably incurred
or lost by you in complying with the subpoena.".

12.4 Form 68: Omit:

"(c) on (insert date) at (insert time) and until you are excused from further
attending; but you need not attend on any day unless reasonable expenses have
been paid or tendered to you.", substitute:

"(c) on (insert date) at (insert time) and until you are excused from further
attending, but:

        (i)    you need not comply with this subpoena unless allowances and
               travelling expenses sufficient to meet your reasonable expenses
               are paid, or tendered to you, or vouched for at the time of
               service of the subpoena, or not later than a reasonable time
               before the day on which you would be required to attend the
               Court; and

        (ii)   if you are not a party to the proceeding and you incur
               substantial expense or loss in complying with this subpoena,
               you may apply to the Court for an order that the party who
               requested the issue of the subpoena pay to you an amount to
               compensate you for such expense or loss as is reasonably
               incurred or lost by you in complying with the subpoena.".

12.5 Form 69 Subparagraph (c) (i): Omit the subparagraph, substitute:

        (i)    you need not comply with this subpoena unless allowances and
               travelling expenses sufficient to meet your reasonable expenses
               are paid, or tendered to you, or vouched for at the time of
               service of the subpoena, or not later than a reasonable time
               before the day on which you would be required to attend the
               Court; and".

12.6 Form 69: Paragraph (c): After subparagraph (ii), add:

"; and (iii) if you are not a party to the proceeding and you incur
substantial expense or loss in complying with this subpoena, you may apply to
the Court for an order that the party who requested the issue of the subpoena
pay to you an amount to compensate you for such expense or loss as is
reasonably incurred or lost by you in complying with the subpoena.".