Tasmanian Numbered Regulations

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SUPREME COURT AMENDMENT (MISCELLANEOUS) RULES 2005 (S.R. 2005, NO. 71) - REG 5

Rule 495 amended (Issuing of subpoena)
Rule 495 of the Principal Rules is amended as follows:
(a) by inserting in subrule (1) "or a judge" after "Court" ;
(b) by inserting in subrule (2)(a) "or a judge" after "if the Court" ;
(c) by inserting in subrule (2)(a)(ii) "or a judge" after "Court" ;
(d) by inserting the following subrules after subrule (4) :
(5)  If the Registrar considers that a request for the issue of a subpoena may be an abuse of process or be frivolous or vexatious, the Registrar may refer the request to a judge for directions.
(6)  The judge to whom the request for directions is referred may, having regard to such matters as the judge thinks fit –
(a) direct that the subpoena may be issued; or
(b) direct that the subpoena is not to be issued.



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