Victorian Consolidated Regulations Victorian Consolidated Regulations(1) Where a person has been required by subpoena to attend before an examiner not being a Judge, an associate judge or a judicial registrar and the person fails or refuses to attend or the person refuses to be sworn for the purposes of the examination or to answer any lawful question or to produce any document or thing, the examiner shall, at the request of any party, give to that party a certificate, signed by the examiner, of the failure or refusal.
(2) Upon the filing of the certificate the Court may order that person—
(a) to attend before the examiner, or to be sworn, or to answer the question or to produce the document or thing as the case may be; and
(b) to pay any costs occasioned by the person's failure or refusal.
(3) An application for an order under paragraph (2) may be made without notice to the person against whom the order is sought, unless the Court otherwise orders.