Victorian Consolidated Regulations Victorian Consolidated Regulations(1) Subject to this Rule and Rule 1.12.1, Order 42 and Order 42A of Chapter I apply with any necessary modification to a proceeding to which these Rules relate, except an appeal or an application for leave to appeal.
(2) For the purposes of Rule 42.09(3) of Chapter I, as applied by paragraph (1)—
(a) a judicial registrar may hear and determine an application for leave to inspect a document or thing produced, where there is no objection to the inspection;
(b) the judicial registrar constitutes the Trial Division of the Court; and
(c) all the powers of the Trial Division of the Court to hear and determine such an application are delegated to the judicial registrar.
(3) In a proceeding to which these Rules relate (except an appeal or an application for leave to appeal), a subpoena shall be in accordance with—
(a) Form 6–1A, for a subpoena to attend to give evidence;
(b) Form 6–1B, for a subpoena to produce; or
(c) Form 6–1C, for a subpoena both to attend to give evidence and to produce.
(4) An addressee need not comply with the requirements of a subpoena to attend to give evidence (a subpoena in Form 6–1A) or a subpoena both to attend to give evidence and to produce (a subpoena in Form 6–1C) unless conduct money has been provided or tendered to the addressee a reasonable time before the day on which attendance is required.
(5) A subpoena in a proceeding to which these Rules relate shall be served personally by giving a copy of the subpoena to the person to be served.
(6) The addressee of a subpoena which is in accordance with Form 6–1B or Form 6–1C must complete the declaration by the addressee provided for in the subpoena.
(7) The completed declaration must be included in the subpoena or copy of the subpoena which accompanies the documents produced under the subpoena.
(8) Subject to paragraph (9), the Prothonotary may, upon the expiry of four months from the conclusion of the proceeding, cause to be destroyed all the documents produced in the proceeding in compliance with a subpoena which were declared by the addressee to be copies.
(9) The Prothonotary may cause to be destroyed those documents declared by the addressee to be copies which have become exhibits in the proceeding when they are no longer required in connection with the proceeding, including on any appeal.