(1) This rule applies if:

(a)

a subpoena is addressed to a person who is not a party in the proceeding; and

(b)

before complying with the subpoena, the person has given the party on whose behalf the subpoena is issued notice that substantial loss or expense would be incurred in properly complying with the subpoena; and

(c)

the Court is satisfied that substantial loss or expense is incurred in properly complying with the subpoena.

(2)

Unless the Court or a Registrar otherwise directs, the amount of the loss and expense incurred is payable by the party on whose behalf the subpoena is issued.

(3)

The Court may fix the amount payable having regard to the scale of fees and allowances payable to witnesses in the Supreme Court of the State or Territory where the person is required to attend.

(4)

The amount payable is in addition to any conduct money paid.

(5) If a party who is to pay an amount under this rule obtains an order for the costs of the proceeding, the Court may:

(a)

allow the amount to be included in the costs recoverable; or

(b)

make any other order it thinks fit.