Victorian Consolidated Regulations Victorian Consolidated Regulations(1) A party may apply to the Court for the issue, under section 38 of the Trans‑Tasman Proceedings Act, of a certificate of non‑compliance with a subpoena.
(2) An application may be made—
(a) orally to the Court; and
(b) without summons or notice to any person.
(3) The application shall be supported by—
(a) an affidavit of service of the subpoena; and
(b) a further affidavit stating the following—
(i) whether any application was made to set aside the subpoena;
(ii) the material in support of any application to set aside the subpoena;
(iii) any order that disposed of any application to set aside the subpoena;
(iv) the material facts relied on for the issue of a certificate of non‑compliance.
(4) The affidavit referred to in paragraph (3)(b) shall exhibit—
(a) a copy of the subpoena; and
(b) a copy of the order giving leave to serve the subpoena.
Rule 7A.10 substituted by S.R. No. 97/2017 rule 4.