Commonwealth Numbered Regulations

1983 No. 27 RULES OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY (AMENDMENT) - RULE 9

9. The First Schedule to the Principal Rules is amended by omitting Forms 45,
46, 47 and 48 and substituting the following forms:
Form 45
Order 39, sub-rule 31 (4)
SUBPOENA TO GIVE EVIDENCE
(Heading as in Form 1) To (name) (address) THE COURT ORDERS that you shall
attend for the purposes of giving evidence-

   (a)  before the Court (or as the case may be);

   (b)  at (address of Court or place);

   (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.
Dated this            day of           19  .

By the Court
(Signature and description
of officer of the Court) Note that failure to comply with this subpoena may
constitute contempt of court and may result in your arrest. If you think the
subpoena is oppressive, you may apply to the Court to have it set aside wholly
or in part. Issued at the request of (name), the applicant's solicitor (or as
the case may be).
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Form 46
Order 39, sub-rule 31 (4)
(Subpoena to a natural person)
SUBPOENA FOR PRODUCTION
(Heading as in Form 1) To (name) (address) THE COURT ORDERS that you shall
attend and produce this subpoena and the documents and things described in the
Schedule for the purposes of evidence-

   (a)  before the Court (or as the case may be);

   (b)  at (address of Court or other place);

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

        (i)    you need not attend or produce any document on any day unless
               reasonable expenses have been paid or tendered to you;

        (ii)   if you are not a party to these proceedings, instead of so
               attending you may produce this subpoena and the documents and
               things described in the Schedule to the Registrar of the Court
               at the above place not later than the day before the first day
               on which you are required to attend; and

        (iii)  if, as an officer of a bank, you are required by this subpoena
               to produce a banker's book and the following legislation,
               namely (insert reference to the legislation in force in the
               Territory enabling alternative mode of proof of entries in
               banker's books) applies, you need not produce it if you produce
               proof of the relevant entries in it in accordance with that
               legislation.
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SCHEDULE
(Description of documents and things)
Dated this            day of            19 .

By the Court
(Signature and description of officer of the Court) Note that failure to
comply with this subpoena may constitute contempt of court and may result in
your arrest or in the case of a corporation an order of sequestration may be
made. If you think the subpoena is oppressive, you may apply to the Court to
have it set aside wholly or in part. Issued at the request of (name), the
applicant's solicitor (or as the case may be).
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Form 47
Order 39, sub-rule 31 (4) (Subpoena to a corporation for production and for
its proper officer to
answer questions concerning possession, &c., of documents)
SUBPOENA FOR PRODUCTION AND TO ANSWER QUESTIONS
(Heading as in Form 1) the case may be). To (name of corporation) (address)
THE COURT ORDERS that-

   (a)  you shall produce this subpoena and the documents and things described
        in the Schedule for the purposes of evidence by causing your proper
        officer to attend and produce them-

        (i)    before the Court (or as the case may be);

        (ii)   at (address of Court or other place);

        (iii)  on (insert date) or, if notice of a later date is given to you,
               that later date (or state the commencement and concluding dates
               of sittings of the Court and that notice would be given of a
               date during those sittings when the subpoena and documents and
               things are to be produced) at ( insert time) and until the
               officer is excused from further attending, but-

                (A)  the officer need not so attend or produce any document or
                     thing on any day unless reasonable expenses have been
                     paid or tendered to one of your officers;

                (B)  you may produce this subpoena and the documents and
                     things described in the Schedule to the Registrar of the
                     Court at the above place by hand or by post in either
                     case so that he receives them not later than the day
                     before the first day on which your officer is required to
                     attend; and

                (C)  if you are a bank and are required by this subpoena to
                     produce a banker's book and you are not a party to these
                     proceedings and the following legislation, namely (insert
                     reference to the legislation in force in the Territory
                     enabling alternative mode of proof of entries in banker's
                     books) applies, you need not cause your officer to
                     produce it if you cause him to produce proof of the
                     relevant entries in it in accordance with that
                     legislation; and

   (b)  the officer who is to attend shall make enquiries for the purpose of
        answering, and, on attending, shall answer, such questions as the
        Court requires him to answer concerning possession or custody of those
        documents and things.
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SCHEDULE
(Description of documents and things)
Dated this              day of            19  .

By the Court
(Signature and description of officer of the Court) Note that-

(1) failure to comply with this subpoena may constitute contempt of Court and
may result in the sequestration of your property or arrest of one or more of
your officers, or in both;

(2) documents and things produced by you in accordance with this subpoena may
be returned by post to you at your address shown on this subpoena, but you may
in writing on or attached to this subpoena request that they be posted to you
at another address given by you;

(3) any questions relating to the requirements of this subpoena should be
directed not to the Court but to the person who requested the issue of this
subpoena;

(4) if you think the subpoena is oppressive, you may apply to the Court to
have it set aside wholly or in part. Issued at the request of (name), the
applicant's solicitor (or as the case may be).
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Form 48
Order 39, sub-rule 31 (4)
SUBPOENA FOR PRODUCTION AND TO GIVE EVIDENCE
(Heading as in Form 1)
Dated this            day of            19  . Note that- To (name) (address)
THE COURT ORDERS that you shall attend and produce this subpoena and the that
you shall attend for the purposes of giving evidence-

   (a)  before the Court (or as the case may be);

   (b)  at (address of Court or place);

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

        (i)    you need not attend or produce any document on any day unless
               reasonable expenses have been paid or tendered to you;

        (ii)   if you are not a party to the proceedings, instead of producing
               the documents and things described in the Schedule when so
               attending, you may produce this subpoena and the documents and
               things described in the Schedule to the Registrar of the Court
               at the above place not later than the day before the first day
               on which you are required to attend; and

        (iii)  if, as an officer of a bank, you are required by this subpoena
               to produce a banker's book and (insert reference to the
               legislation in force in the Territory enabling alternative mode
               of proof of entries in banker's books ) applies, you need not
               produce it if you produce proof of the relevant entries in it
               in accordance with that legislation.
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SCHEDULE
(Description of documents and things)
Dated this            day of            19 .

By the Court
(Signature and description of officer of the Court) Note that failure to
comply with this subpoena may constitute contempt of court and may result in
your arrest. If you think the subpoena is oppressive, you may apply to the
Court to have it set aside wholly or in part. Issued at the request of (name),
the applicant's solicitor (or as the case may be).