Victorian Consolidated Regulations Victorian Consolidated Regulations(1) Subject to any order of the Court, the Registrar—
Rule 42A.12 (1)(a) amended by S.R. No. 81/2023 rule 23(2)(a).
(a) may in the Registrar's discretion return to the addressee any document or thing physically produced to the Registrar in response to the subpoena;
Rule 42A.12 (1)(b) amended by S.R. No. 81/2023 rule 23(2)(b).
(b) shall, upon returning the document or thing, inform the addressee that the subpoena to produce remains in force until the trial or other determination of the proceeding; and
Rule 42A.12 (1)(c) amended by S.R. No. 81/2023 rule 23 (2)(b)(c).
(c) may specify a date by which the document or thing is to be produced again to the Registrar in response to the subpoena.
Rule 42A.12(2) amended by S.R. No. 81/2023 rule 23(3).
(2) Subject to paragraph (3), the Registrar shall not return any document or thing under paragraph (1) until after the Registrar has given to the issuing party 14 days' notice in writing of the Registrar's intention to do so.
Rule 42A.12(3) amended by S.R. No. 81/2023 rule 23(3).
(3) In an urgent case and at the request of—
(a) the addressee; or
(b) in the case of any hospital or medical file or record concerning the plaintiff or the plaintiff's condition, the plaintiff—
the Registrar may return a document or thing under paragraph (1) without first giving notice under paragraph (2), but in such a case, after returning the document or thing, the Registrar shall give notice to the issuing party that the document or thing has been returned.
Rule 42A.12 (3A) amended by S.R. No. 81/2023 rule 23(4).
(3A) The addressee of a subpoena must complete the declaration by the addressee provided for in the subpoena if the documents are physically produced under Rule 42A.05(2).
Rule 42A.12 (3B) amended by S.R. No. 81/2023 rule 23(5).
(3B) The completed declaration must be included in the subpoena or copy of the subpoena which accompanies the documents physically produced under the subpoena.
Rule 42A.12(4) substituted by S.R. No. 81/2023 rule 23(6).
(4) Subject to paragraph (5), after the expiry of four months from the conclusion of the proceeding, the Registrar may cause to be destroyed all—
(a) the electronic copies of documents produced in compliance with a subpoena; or
(b) the documents physically produced in response to a subpoena and which were declared by the addressee to be copies.
Rule 42A.12(5) substituted by S.R. No. 81/2023 rule 23(6).
(5) The Registrar may cause to be destroyed the electronic copies and documents referred to in paragraph (4) which have become exhibits in the proceeding when they are no longer required in connection with the proceeding, including on any appeal.
Rule 42A.13 (Heading) amended by S.R. No. 81/2023 rule 24(1).
Rule 42A.13 amended by S.R. No. 81/2023 rule 24(2).