Commonwealth Numbered Regulations

1995 No. 46 FEDERAL COURT RULES (AMENDMENT) - RULE 1.6

  6.1 New Form 66A:   After Form 66, insert: 


FORM 66A
                        SUBPOENA FOR PRODUCTION         (Order 27, rule 6)
To: (name)

   (address) THE COURT ORDERS THAT:
1. you must attend and produce this subpoena and the documents and things
described in the schedule:

   (a)  before (the Court or other place);

   (b)  at (address of Court or other place);

   (c)  on (insert date) at (insert time) and until you are excused from
        further attending; but
2. you:

   (a)  need not comply with this subpoena unless allowances and travelling
        expenses sufficient to meet your reasonable expenses are paid, or
        tendered to you, or vouchers tendered at the time of service of the
        subpoena, or not later than a reasonable time before the day upon
        which you are required to comply with this subpoena; and

   (b)  may produce this subpoena and the documents and things described in
        the schedule either:

        (i)    to the registry of the Federal Court at the above place not
               later than 2 days before the first day on which you are
               required to attend; or

        (ii)   to a registry of the High Court of New Zealand not later than
               10 working days before the first day on which you are required
               to attend (in which case you must obtain from the Registrar of
               the High Court of New Zealand a receipt of the documents or
               things produced and send a copy of the receipt by fax to the
               Registry of the Federal Court of Australia from which the
               subpoena was issued, together with a copy of the subpoena); and

   (c)  if required as an officer of a bank to produce a banker's book, need
        not produce the banker's book, if:

        (i)    either section 5 or section 14, as relevantly applicable, of
               the Banking Act 1982 (New Zealand) would have applied if this
               subpoena had been issued in New Zealand proceedings; and

        (ii)   you produce proof of the relevant entries in accordance with
               section 5 of the Banking Act 1982 (New Zealand).
Schedule

   (description) Date: eg 7 May 19
By the Court (signature and description of officer of the Court issuing
subpoena)
Name and address of District Registry of the Federal Court: (insert name and
address)
Telephone number of District Registry: (insert number)
Fax number of District Registry: (insert number)
Note:1.Failure to comply with this subpoena may result in your arrest and the
imposition of a fine under section 16 of the Evidence Amendment Act 1994 (New
Zealand). 2. Service of this subpoena is effective only if it is accompanied
by a copy of the order giving leave to serve the subpoena in New Zealand and
by a Notice to Witness setting out your rights and obligations in relation to
this subpoena. 3. If you are not a party to the proceeding and incur
substantial expense or loss in complying with this subpoena, you may apply to
the Court for an order that the party who requested the issue of the subpoena
pay to you an amount to compensate you for such expense or loss as is
reasonably incurred by you in complying with the subpoena. This subpoena is
issued at the request of (name), the applicant's solicitor (or as the case may
be).

6.2 New Form 68A:
After Form 68, insert:
FORM 68A
SUBPOENA TO GIVE EVIDENCE
(Order 27, rule 6)
To:   (name)


   (address) THE COURT ORDERS that you must attend for the purpose of giving
        evidence:

   (a)  before (the Court or other place);

   (b)  at (address of Court or other place);

   (c)  on (insert date) at (insert time) and until you are excused from
        further attending, but you need not attend on any day unless
        reasonable expenses have been paid or tendered to you. Date: eg 7 May
        19 By the Court (signature and description of officer of the Court
        issuing subpoena) Name and address of District Registry of the Federal
        Court: (insert name and address) Telephone number of District
        Registry: (insert number) Fax number of District Registry: (insert
        number) Note: 1. Failure to comply with this subpoena may result in
        your arrest and the imposition of a fine under section 16 of the
        Evidence Amendment Act 1994 (New Zealand). 2. Service of this subpoena
        is effective only if it is accompanied by a copy of the order giving
        leave to serve the subpoena in New Zealand and by a Notice to Witness
        setting out your rights and obligations in relation to this subpoena.
        3. If you are not a party to the proceeding and incur substantial
        expense or loss in complying with this subpoena, you may apply to the
        Court for an order that the party who requested the issue of the
        subpoena pay to you an amount to compensate you for such expense or
        loss as is reasonably incurred by you in complying with the subpoena.
        This subpoena is issued at the request of (name), the applicant's
        solicitor (or as the case may be).

6.3 New Form 69A:
After Form 69, insert:
FORM 69A
SUBPOENA FOR PRODUCTION AND TO GIVE EVIDENCE
(Order 27, rule 6) To: (name)

   (address) THE COURT ORDERS THAT: 1. you must attend and produce this
        subpoena and the documents and things described in the schedule and
        attend for the purpose of giving evidence:

   (a)  before (the Court or other place);

   (b)  at (address of Court or other place);

   (c)  on (insert date) at (insert time) and until you are excused from
        further attending; but 2. you need not comply with this subpoena
        unless allowances and travelling expenses sufficient to meet your
        reasonable expenses are paid, or tendered to you, or vouchers tendered
        at the time of service of the subpoena, or not later that a reasonable
        time before the day upon which you are required to comply with this
        subpoena.
Schedule

   (description) Date: eg 7 May 19 By the Court (signature and description of
        officer of the Court issuing subpoena) Name and address of District
        Registry of the Federal Court: (insert name and address) Telephone
        number of District Registry: (insert number) Fax number of District
        Registry: (insert number) Note: 1. Failure to comply with this
        subpoena may result in your arrest and the imposition of a fine under
        section 16 of the Evidence Amendment Act 1994 (New Zealand). 2.
        Service of this subpoena is effective only if it is accompanied by a
        copy of the order giving leave to serve the subpoena in New Zealand
        and by a Notice to Witness setting out your rights and obligations in
        relation to this subpoena. 3. If you are not a party to the proceeding
        and incur substantial expense or loss in complying with this subpoena,
        you may apply to the Court for an order that the party who requested
        the issue of the subpoena pay to you an amount to compensate you for
        such expense or loss as is reasonably incurred by you in complying
        with the subpoena. This subpoena is issued at the request of (name),
        the applicant's solicitor (or as the case may be).

6.4 New Form 70A: After Form 70, insert:
FORM 70A
CERTIFICATE OF NON-COMPLIANCE WITH SUBPOENA
(Order 69A, rule 6 (1))
To:     The High Court of New Zealand

(Address) THE FEDERAL COURT OF AUSTRALIA, respectfully requests you to
exercise your powers under section 16 of the Evidence Amendment Act 1994 (New
Zealand) in relation to non-compliance by (name of person subpoenaed) with a
subpoena issued by the Federal Court of Australia and for which leave to serve
in New Zealand was given by the Federal Court of Australia under the Evidence 
and Procedure (New Zealand) Act 1994 on (insert date of leave). A copy of the
subpoena and a copy of the order giving leave to serve in New Zealand are
annexed to this certificate. (Either) No application to set aside the subpoena
either wholly or in part has been made. (Or) An application to set aside the
subpoena was dismissed by order made on (insert date). A copy of this order is
annexed to this certificate. Date: eg 7 May 19 By the Court
(signature of Registrar)
(SEAL OF COURT TO BE AFFIXED)

6.5 New Form 71A: After Form 71, insert:
FORM 71A
REQUEST FOR PUNISHMENT OF PERSON CONTRAVENING ORDER
(Order 69A, rule 10 (2)) (Name of party making request) respectfully requests
the Federal Court of Australia to punish, under subsection 33 (3) of the
Evidence and Procedure (New Zealand) Act 1994, (name of person contravening
the order) for contravention of an order made by (New Zealand court which made
the order). An affidavit setting out details of the contravention is attached.
Name of party making request: (insert name) Address of party making request:
(insert address) Telephone number: (insert number) Fax number: (insert number)
Date: eg 7 May 19 (signed, applicant or applicant's solicitor)

6.6 New Forms 72A and 72B: After Form 72, insert:
FORM 72A
OBJECTION TO DETERMINATION WITHOUT HEARING
(Order 69A, rule 7 (7))
The (identify person) objects to the application to set aside the subpoena
(identify subpoena) being determined without a hearing. Date: eg 7 May 19
(signed, applicant or applicant's solicitor)
FORM 72B
REQUEST FOR HEARING BY VIDEO LINK OR TELEPHONE
(Order 69A, rule 7 (8))
The applicant requests that the hearing of the application to set aside the
subpoena (identify subpoena) be heard by video link or telephone. Date: eg 7
May 19
(signed, applicant or applicant's solicitor)