Federal Court Rules (Amendment) (Cth)
We, Judges of the Federal Court of Australia, hereby make the following
Rules of Court under the
Dated 27 July 1990.
N. H. BOWEN C.J.
C. A. SWEENEY J.
R. M. NORTHROP J.
J. A. KEELY J.
J. F. GALLOP J.
J. S. LOCKHART J.
I. F. SHEPPARD J.
T. R. MORLING J.
K. J. JENKINSON J.
A. R. NEAVES J.
B. A. BEAUMONT J.
M. R. WILCOX J.
J. E. J. SPENDER J.
(L.S.) P. R. A. GRAY J.
C. W. PINCUS J.
J. C. S. BURCHETT J.
D. M. RYAN J.
W. M. C. GUMMOW J.
R. S. FRENCH J.
M. L. FOSTER J.
M. C. LEE J.
J. W. VON DOUSSA J.
M. F. O’LOUGHLIN J.
D. F. O’CONNOR J.
T. J. HIGGINS J.
Judges of the Federal
Court of Australia
J. T. HOWARD
Registrar
(S.R. 254/90)—Cat. No. 6/8.8.1990
“ORDER 69
“1. These Rules may be cited as the ‘Misuse of Trans-Tasman Market Power’ Rules.
“2. (1) In this Order, unless the contrary intention appears:
‘facsimile copy’ means the copy of an instrument, document or thing which is produced by the facsimile telegraphy machine of the party to whom the instrument, document or thing is being transmitted;
‘New Zealand Registry’ means a Registry of the High Court of New Zealand located in Auckland, Christchurch or Wellington.
“(2) Unless the
contrary intention appears, other expressions used in this Order have the same
meaning as in the
“3. (1) This Order applies to all Australian proceedings.
“(2) Subject to this Order and to any law of the Commonwealth, the provisions of the other Orders of the Rules shall apply, so far as practicable, to an Australian proceeding.
“4. (1) With the leave of a Judge of the Federal Court, the Registrar of the Federal Court may issue a subpoena to give evidence or a subpoena for production or a subpoena for both testimony and production.
“(2) Leave under
subrule (1) shall be sought by
(a) the name, designation, occupation and address of the person to be subpoenaed;
(b) the nature of the evidence required from the person to be subpoenaed and the relevance of that evidence;
(c) the date on which it is intended to serve the subpoena;
(d) the intended expenses to be paid or tendered to the person to be subpoenaed;
(e) in any case where the subpoena requires the person to be subpoenaed to testify, an estimate of the time that person will be required to attend at the Court;
(f) whether the party is aware of the existence of any of the facts or matters specified in subsection 32l (2) of the
Federal Court of Australia Act 1976 as grounds for setting aside a subpoena.
“(3) In determining whether to grant leave, a Judge shall, in addition to any other matter which the Judge considers to be relevant, have regard to:
(a) the adequacy of the expenses intended to be paid or tendered to the person to be subpoenaed; and
(b) whether the time between the date of service and the date on which the person is required to comply with the subpoena, is reasonable in the circumstances.
“(4) Leave may be granted under subrule (1) subject to conditions.
“(5) Where leave is granted conditionally, without limiting the generality of the conditions which may be imposed by a Judge, such conditions may relate to;
(a) the amount of expenses to be tendered;
(b) the time specified for return of the subpoena;
(c) the class of documents subpoenaed for production.
“(6) A Judge’s decision to grant leave, whether conditionally or otherwise, shall in no way derogate from the ability of a person named in the subpoena to object to it or to apply to set it aside on any appropriate ground.
“(7) A subpoena shall be issued under seal.
“(8) A party requesting the issue of a subpoena shall file a copy of the subpoena.
“(9) Subpoenas shall be in or substantially in the forms numbered 66. 68 and 69 in the First Schedule.
“(10) Subrule (1) applies whether or not the proceeding was commenced in or transferred to the Registry to which the request is directed.
“(11) No document relating to an application under this rule shall be searched, inspected or copied without leave of a Judge of the Federal Court.
“5. (1) Service of a subpoena shall be effected as a Judge of the Federal Court may direct.
“(2) Service will only be effective under subrule (1) if the subpoena is accompanied by a statement in or substantially in the form numbered 67 in the First Schedule.
“6. A person named shall be excused from complying with a subpoena requiring him or her to attend or produce any document or thing on any day on which attendance is required unless a sum sufficient to meet his or her reasonable expenses of complying with the subpoena in relation to that day is paid or tendered at the time of service of the subpoena or not later than a reasonable time before that day.
“7. (1) Where a person named in a subpoena is not a party to the proceeding and that person incurs reasonable expense or suffers loss in complying with the subpoena, the Federal Court or a Judge of that Court may order that the party who requested the issue of the subpoena pay to that person, in addition to any amount which the person served with the subpoena is entitled to be paid pursuant to Order 69 rule 6 or the Second Schedule, an amount to compensate for such expense or loss as is reasonably incurred or suffered by that person in complying with the subpoena.
“(2) Where an order is made under subrule (1) the Federal Court or a Judge of that Court shall either fix the amount or direct that the amount shall be fixed by the taxing officer.
“(3) The
provisions of Order 62 shall apply
“8. (1) Where a person named in a subpoena for production of any document or thing, being a subpoena requiring attendance before the Federal Court or a Judge or an officer of that Court, is not a party to the proceeding, the subpoena shall, unless the Federal Court or a Judge of that Court otherwise orders, permit that person to produce the document or thing together with the subpoena either:
(a) to the Registrar of the Federal Court at the proper place not later than the day before the first date on which that person’s attendance is required; or
(b) to the Registrar of the High Court of New Zealand at a New Zealand Registry not later than seven working days before the first day on which that person’s attendance is required;
instead of attending and producing the document or thing as required by the subpoena.
“(2) When a document or thing is produced to the Registrar of the Federal Court pursuant to paragraph (1) (a), the Registrar shall:
(a) issue a receipt to the person producing the document or thing; and
(b) produce the document or thing as the nature of the case requires or as the Federal Court or a Judge of that Court may direct.
“(3) Where a document or thing is produced to the Registrar of the High Court of New Zealand pursuant to paragraph (1)(b), the person named shall:
(a) tender such portion of the amount provided on account of expenses as is necessary to meet the costs of transportation to the Registry of the Federal Court of the document or thing produced;
(b) request a receipt from the New Zealand Registry with a general description of the document or thing produced in accordance with the subpoena;
(c) send forthwith a copy of that receipt by facsimile transmission to the Registry of the Federal Court from which the subpoena was issued together with a copy of the subpoena.
“(4) The facsimile transmission referred to in paragraph (3) (c) shall be evidence of compliance with the subpoena.
“(5) Where an officer of the Federal Court receives a facsimile transmission of the kind referred to in paragraph (3) (c), that officer shall confirm with the New Zealand Registry that the document or thing produced by the person named will be transported to the Registry of the Federal Court as soon as practicable so that the document or thing may be produced in the Federal Court at the date the person named was to have attended.
“(6) On receipt of the document or thing, the officer referred to in subrule (5) shall produce the document or thing as the nature of the case requires or as the Federal Court or a Judge of that Court may direct.
“(7) The costs of the transportation referred to in subrule (5) shall be borne by the party requesting the issue of the subpoena.
“(8) This rule does not apply to so much of a subpoena as requires the person named to attend and testify in any proceeding.
“9. (1) When a person named in a subpoena fails to comply with a subpoena, the Federal Court or a Judge of that Court may either on the application of a party or on its own motion, issue a certificate in or substantially in the form numbered 70 in the First Schedule which shall state:
(a) that a subpoena was issued by the Federal Court;
(b) that the witness failed to comply with the subpoena;
(c) (where an application to have the subpoena set aside has been made) the decision of the Federal Court or a Judge of that Court or any order or finding of fact made in that application.
“(2) An application by a party for the issue of a certificate may be made orally or by notice of motion.
“(3) An application referred to in subrule (2) shall be accompanied by a draft certificate in or substantially in the form numbered 70 in the First Schedule.
“(4) A certificate referred to in subrule (1) shall be issued under the seal of the Federal Court.
“(5) A certificate issued pursuant to subrule (1) shall be sent to the High Court of New Zealand.
“10. (1) The Federal Court or a Judge of that Court may, on the application of a person named in a subpoena, set aside the subpoena wholly or in part.
“(2) An application to set aside a subpoena either wholly or in part shall be by affidavit, setting out the facts and grounds on which the application is based.
“(3) An affidavit filed pursuant to subrule (2) must be lodged with the Registrar of the Federal Court in the proper place provided that an affidavit for this purpose may be lodged by facsimile transmission marked for the attention of the Registrar who issued the subpoena.
“(4) In cases where an affidavit is lodged by facsimile transmission in accordance with subrule (3), the Registrar shall acknowledge by facsimile transmission receipt of a clear and legible copy of the affidavit.
“(5) The acknowledgement referred to in subrule (4) shall be evidence of lodgement of the application to set aside the subpoena either wholly or in part.
“(6) Where an application is made under this rule, the Registrar of the Federal Court shall cause a copy of the affidavit to be served on the party requesting the issue of the subpoena or his or her solicitor.
“(7) Any application made under this rule shall be heard at a date, time and place and in a manner to be directed by a Judge of the Federal Court.
“11. (1) A party in an Australian proceeding may, unless the Federal Court or a Judge of that Court otherwise orders, file any document in that proceeding in a New Zealand Registry.
“(2) A party filing a document in a New Zealand Registry shall obtain a receipt which gives a general description of the document filed.
“(3) A party filing a document in a New Zealand Registry may request the Registrar of the High Court of New Zealand to transmit the document by airmail or by facsimile transmission.
“(4) A party filing a document in a New Zealand Registry shall, at the time of filing, tender such moneys as are required by the High Court of New Zealand Fees Regulations to meet the cost of transmission of the document.
“12. In an Australian proceeding, the Federal Court or a Judge of that Court may conduct or may continue the proceeding in New Zealand in accordance with such procedures as the Federal Court or a Judge of that Court may direct.
“13. (1) In an Australian proceeding, a party may apply to the Federal Court or a Judge of that Court, either orally or by notice of motion, to have testimony of a witness (or part of that evidence) heard, or submissions made, by video-link or by telephone conference.
“(2) An application under subrule (1) must be supported by an affidavit stating:
(a) the reasons why such a course is desirable;
(b) the nature of the evidence;
(c) the number of witnesses to be examined;
(d) the expected duration of the evidence;
(e) whether issues of character are likely to be raised; and
(f) in the case of submissions, the expected duration of the submissions.
“(3) In deciding whether to grant the application, a Judge of the Federal Court may take account of the factors set out in the applicant’s affidavit in addition to any other matters considered to be material, including cost, and convenience to all parties.
“(4) The costs and expenses of the provision of video-link and telephone conference facilities shall be borne by the parties in such proportions as the Judge shall direct.
“(5) Where a Judge deems it appropriate to hear evidence or receive submissions by video-link or telephone conference, the Judge shall direct the Registry to arrange and co-ordinate the appropriate facilities in Australia and New Zealand.
“(6) Without limiting the generality of subrule (5), the Judge may direct that:
(a) the evidence be given or the submissions be made at the High Court of New Zealand or at another place approved by the High Court;
(b) an officer of the High Court, or another person approved by the Judge, be present to assist in the transmission of the evidence or submissions, and. in particular to:
(i) introduce witnesses to be called and legal representatives;
(ii) assist with the administration of oaths;
(iii) assist with the implementation of any directions or requests given or made by the Judge hearing the evidence or submissions.
“14. (1) Where, in an Australian proceeding, evidence of official New
Zealand instruments, public documents and things is produced in evidence before
the Federal Court pursuant to Part Va of
the
“(2) Where a party produces a facsimile copy of an instrument, document or thing for the Federal Court, that party shall file in the Registry a copy of the facsimile copy.
“(3) The copy referred to in subrule (2) shall be on paper of durable quality, capable of receiving ink, and measuring about 295 millimetres long and 210 millimetres wide.
“15. (1) Where a subpoena for production in a New Zealand proceeding has been issued for service in Australia and has been made returnable at a Registry of the Federal Court, a person named may produce the document or thing subpoenaed at a Registry of the Federal Court.
“(2) Where a person named produces a document or thing which has been subpoenaed in accordance with subrule (1), the person named shall tender such portion of the amount provided on account of expenses as shall be necessary to meet the costs of transportation of the document or thing produced so that it will arrive at the New Zealand Registry prior to the date on which the subpoena is returnable.
“(3) Where a person named produces a document or thing in accordance with subrule (1), the Registrar of the Federal Court shall:
(a) stamp that document or identify the thing produced as having been received, noting the date and time that the document or thing was received;
(b) issue a receipt noting the document or thing produced in addition to the portion tendered on account of expenses:
(c) notify the officer of the New Zealand Registry named in the subpoena and send the document or thing to the New Zealand Registry so that it will arrive prior to the date on which the subpoena was returnable in New Zealand.
“16. (1) Where, in a New Zealand proceeding, a party is authorised by the High Court or the High Court Rules to file a document either:
(a) in a New Zealand Registry; or
(b) in a Registry of the Federal Court;
a party may file a document in a Registry of the Federal Court.
“(2) Where a party files a document in a Registry of the Federal Court pursuant to subrule (1), the Registrar of the Federal Court shall:
(a) issue that party with a receipt which shall contain a general description of the document filed;
(b) notify the New Zealand Registry by facsimile transmission that a document has been filed;
(c) send that document forthwith to the New Zealand Registry by airmail or facsimile transmission as the party filing the document may request.
“(3) The party filing the document shall tender at the Registry of the Federal Court an amount of money in accordance with the Federal Court of Australia Regulations, or as a Judge of the Federal Court may direct, to meet the cost of sending it to the New Zealand Registry.
“(4) The notification of receipt of a document pursuant to paragraph 2 (b) shall include:
(a) a general description of the document filed;
(b) a statement of the manner in which that document will be transmitted to the New Zealand Registry.
“17. When proceedings have been commenced in both the Federal Court and the High Court of New Zealand involving the same issues or questions of fact, the Federal Court or a Judge of that Court may, on the application of a party, or of its own motion, make an order staying the Australian proceeding in whole, or in part, when it appears to the Federal Court or a Judge of that Court that it is more appropriate, and in the interests of justice, that the proceedings be stayed until the proceedings in the High Court of New Zealand have been determined.
“18. Order 49 shall apply to prosecutions for offences under Part IIIa of the
“19. (1) In this rule, unless the context otherwise requires, ‘determination of the High Court of New Zealand’ means a judgment, order or injunction given, made or granted by the High Court of New Zealand in a New Zealand proceeding.
“(2) This rule applies to a determination of the High Court of New Zealand.
“(3) (a) Every application for an order that a determination of the High Court of New Zealand be registered under Division 5 of Part IIIa of the
Federal Court of Australia Act 1976 shall be accompanied by a copy of the determination certified by the High Court of New Zealand or by a legible facsimile of such a copy.(b) An application under this rule may be made
ex parte. (c) The heading to each application under this subrule shall include a reference to Division 5 of Part IIIa of the
Federal Court of Australia Act 1976 and shall further include:(i) a reference to the determination of the High Court of New Zealand, identifying it as a judgment or an order or an injunction; and
(ii) the names of the parties to the proceeding.
(d) An application under paragraph (3) (a) shall be supported by an affidavit which shall state to the best of the information and belief of the deponent:
(i) that, at the date of the application, the judgment has not been satisfied, or, if the judgment has been satisfied in part, the amount in respect of which it remains unsatisfied:
(ii) that, at the date of the application, the judgment can be enforced in New Zealand.
“(4) (a) Upon receipt of an application for the registration of a determination under Division 5 of Part IIIa of the
Federal Court of Australia Act 1976 ,the Registrar of the Federal Court shall effect registration by entry of particulars in an appropriate record book kept by the Registrar.(b) There shall be entered in that record book:
(i) the date of the order the subject of the application for registration;
(ii) the name, title and trade or business of the parties to the proceeding;
(iii) the usual or last-known place of abode or business of the parties to the proceeding;
(iv) in any case where a sum of money is payable under the determination:
(a) the sum expressed in Australian currency representing the amount payable under the determination;
(b) if any interest is specified in the application, the interest up to the time of registration;
(c) where the determination is an order or injunction, the terms of that order or injunction;
(d) the costs of and incidental to registration;
(e) the particulars of any execution issued on the determination.
“(5) (a) Notice in writing of the registration of a determination of the High Court of New Zealand shall be served on the judgment debtor or, in the case of an order or injunction, the defendant in the proceeding.
(b) The notice shall be served personally in accordance with the Rules unless some other mode of service is ordered by the Federal Court or a Judge of that Court.
(c) If the judgment debtor or defendant is out of Australia, the notice may be served without the leave of the Federal Court or a Judge of that Court.
“(6) The notice of registration shall state:
(a) full particulars of:
(i) the determination of the High Court of New Zealand;
(ii) the order for registration;
(b) whether the notice is issued by the judgment creditor or, in the case of an order or injunction, the plaintiff, or by a solicitor on behalf of that person;
(c) an address for service;
(d) the right of the person against whom the determination of the High Court of New Zealand was made to apply on the grounds set out in section 32y of the
Federal Court of Australia Act 1976 to have the registration set aside or to apply on the grounds set out in section 32z of that Act for a stay of enforcement.“(7) (a) An application to set aside the registration of a determination of the High Court of New Zealand or an application for a stay of the enforcement of such a determination shall be made by application.
(b) On any such application the Federal Court or a Judge of that Court may give such directions in relation to the application as may be necessary.
“(8) (a) Where a facsimile of a certified copy of a determination of the High Court of New Zealand is produced under subrule (3), the application for registration shall be supported by the affidavit of the judgment creditor, or, in the case of an order or injunction, the plaintiff, where that person is present in Australia, or by that person’s solicitor in Australia.
(b) The affidavit shall state that the deponent has been personally informed by an officer of the High Court of New Zealand or by a New Zealand solicitor acting in the proceeding in which the determination of the High Court of New Zealand appears to have been made, that the determination recorded in the facsimile copy has in fact been given or made by the High Court of New Zealand.
(c) Where a determination of the High Court of New Zealand has been registered on the production of a facsimile copy the original document from which the facsimile was made shall be filed not later than seven working days after the making of the order to register the determination.
(d) Where paragraph (c) is not complied with, no proceeding to enforce the determination shall, until the original document is filed, be commenced, or continued, without the leave of the Federal Court or a Judge of that Court.
“(9) A copy of a determination of the High Court of New Zealand may be served on the judgment debtor, or, in the case of an order or injunction, the defendant, with the notice of registration or separately. The copy may be a legible facsimile of the document recording the determination or a legible copy of such a facsimile.
“20. (1) Where:
(a) a New Zealand proceeding is being conducted or continued in Australia; or
(b) the High Court of New Zealand takes evidence or receives submissions in New Zealand by video-link or telephone from a person in Australia;
and the High Court of New Zealand makes an order:
(i) directing that the proceeding be conducted or continued in private; or
(ii) requiring a person to leave the Court or the room in which the video-link or telephone conference facilities are located; or
(iii) prohibiting or restricting the publication of evidence given in the proceeding or of the name of a party to, or a witness in the proceeding;
that order may be enforced by the Federal Court or a Judge of that Court in accordance with this rule.
“(2) Where a person contravenes an order made by the High Court of New Zealand of the kind referred to in subrule (1), a Judge of the High Court, a party or an officer of a New Zealand Registry may request the Federal Court or a Judge of that Court to:
(a) issue, or make an order for the issue of, a warrant to the Sheriff, or such other person as the Federal Court or a Judge of that Court may appoint, for the arrest of the person contravening the order and for the production of that person before the Federal Court or before an examiner or other person for the purpose of the proceeding and for his or her detention in custody in the meantime;
(b) order that person to pay any costs occasioned by the contravention.
“(3) A request of the kind described in subrule (2) shall be in or substantially in the forms numbered 71 to 72 in the First Schedule and shall be accompanied by:
(a) a draft warrant (where a warrant is sought);
(b) a draft order:
(i) providing for the issue of a warrant;
(ii) providing for the person in default to pay costs occasioned by the default; and
(c) an affidavit stating:
(i) the order alleged to have been contravened;
(ii) the person alleged to have contravened the order; and
(iii) the circumstances alleged to constitute the contravention of the order;
(iv) in the case of an order sought under sub-paragraph (2) (b), details of the costs occasioned by the contravention.
“(4) If the Federal Court or a Judge of that Court decides to grant the request, the Court or a Judge may direct the Registrar of the Federal Court to issue the warrant, or order the person in default to pay the costs, if appropriate.
“(5) Nothing in this rule affects:
(a) the powers of the Federal Court or a Judge of that Court to punish for contempt; or
(b) the provisions of Order 40 relating to contempt.
“66 Subpoena for Production
67 Statement of Rights of Person named in Subpoena
68 Subpoena to give evidence
69 Subpoena for production and to give evidence
70 Certificate of non-compliance with subpoena
71 Request for issue of warrant for arrest of persons in contravention of Court Order
72 Request for an order for costs occasioned by a contravention of a Court Order”.
“FORM 66
SUBPOENA FOR PRODUCTION
(Order 69. rule 4)
To (name)
(address)
THE COURT ORDERS that you shall attend and produce this subpoena and the documents and things described in the schedule:
(a) before (the Court or as the case may be);
(b) at (address of Court or other place);
(c) on (insert date) at (insert time) and until you are excused from further attending, but—
(i) you need not attend or produce any document on any day unless reasonable expenses have been paid or tendered to you:
(ii) if you are not a party to these proceedings, instead of so attending you may produce this subpoena and the documents and things described in the schedule either:
A. to the Registrar of the Federal Court at the above place not later than the day before the first day on which you are required to attend; or
B. to the Registrar of the High Court of New Zealand at Auckland, Christchurch or Wellington not later than seven (7) 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 this receipt by facsimile transmission to the Registry of the Federal Court of Australia from which the subpoena was issued together with the subpoena); and
(iii) if. as an officer of a bank, you are required by this subpoena to produce a banker’s book, and either s.5 or s.14, as relevantly applicable of the Banking Act 1982 (New Zealand) would have applied if this subpoena had been issued in New Zealand proceedings, you need not produce it if you produce proof of the relevant entries in accordance with s.5 of the Banking Act 1982 (New Zealand).
The schedule
(description)
.
By the leave of (Judge)
of the Federal Court of Australia given on
(Signature and description of officer of the Court issuing subpoena; address of Registry from which subpoena was issued including facsimile number).
Note: Failure to comply with this subpoena may result in your arrest and the imposition of a fine under s.56K of the Judicature Act 1908 (New Zealand).
Note: There is attached to this subpoena a form setting out your rights in relation to this subpoena.
Note: This subpoena is issued at the request of (name), the applicant’s solicitor (or as the case may be).
FORM 67
STATEMENT OF RIGHTS OF PERSON NAMED IN SUBPOENA
(
(Order 69. rule 4)
You may apply to have this subpoena set aside in an appropriate case. Such an application must take the form of an affidavit sworn or affirmed by you. setting out the facts, matters and reasons on which you base your application. This application must be lodged with the Registrar of the Federal Court of Australia in the Registry from which the subpoena was issued at or before the time at which the subpoena is returnable. Such an application may be lodged either personally or by your agent or, alternatively, by facsimile transmission.
If lodged by facsimile transmission, it must be marked for the attention of the officer who issued the subpoena. Lodgment in this manner shall not be complete until you have received by facsimile transmission an acknowledgement of receipt of a clear and legible copy of the affidavit. This facsimile of receipt shall be evidence of lodgment. Where an affidavit has been lodged by facsimile transmission, you will subsequently be required to file either in the Registry of the Federal Court of Australia or in court a clear and legible copy of the affidavit on paper of durable quality.
The procedure, location and time for the hearing of the application to set the subpoena aside shall be at the discretion of the Federal Court or a Judge of that Court.
In deciding whether to grant an application to set a subpoena aside either in whole or part, the Federal Court may, without limiting the grounds available, take into account the following grounds:
(a) that the person named does not have and cannot reasonably be expected to obtain necessary travel documents;
(b) that the person named is liable to be detained for the purpose of serving a sentence;
(c) that the person named is liable to prosecution or is being prosecuted for an offence;
(d) that the person named is liable to the imposition of a penalty in civil proceedings (other than proceedings under the
Trade Practices Act 1974 );(e) that the evidence to be given by the person named could be obtained by other means without significantly greater expense;
(f) that compliance with the subpoena would cause the person named hardship or serious inconvenience;
(g) in the case of a subpoena for production—that the Federal Court is satisfied:
(i) that the document or thing should not be taken out of New Zealand; and
(ii) that evidence of the contents of the document, or that evidence of the thing, can be given by other means.
FORM 68
SUBPOENA TO GIVE EVIDENCE
(Order 69, rule 4)
To (name)
(address)
THE COURT ORDERS that you shall attend for the purpose of giving evidence—
(a) before (the Court or as the case may be);
(b) at (address of Court or 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.
.
By the leave of (Judge)
of the Federal Court of Australia given on
(Signature and description of officer of the Court issuing subpoena: address of Registry from which subpoena was issued including facsimile number).
Note: Failure to comply with this subpoena may result in your arrest and the imposition of a fine under s.56K of the Judicature Act 1908 (New Zealand).
Note: There is attached to this subpoena a form setting out your rights in relation to this subpoena.
Note: This subpoena is issued at the request of (name), the applicant’s solicitor (or as the case may be).
FORM 69
SUBPOENA FOR PRODUCTION AND TO GIVE EVIDENCE
(Order 69, Rule 4)
To (name)
(address)
THE COURT ORDERS that you shall 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 as the case may be);
(b) at (address of Court or place);
(c) on (insert date) at (insert time) and until you are excused from further attending; but
(i) you need not attend or produce any document on any day unless reasonable expenses have been paid or tendered to you; and
(ii) if. as an officer of a bank, you are required by this subpoena to produce a banker’s book, and either s.5 or s.14, as relevantly applicable, of the Banking Act 1982 (New Zealand) would have applied if this subpoena had been issued in New Zealand proceedings, you need not produce it if you produce proof of the relevant entries in accordance with s.5 of the Banking Act 1982 (New Zealand).
The schedule
(description)
.
By the leave of (Judge)
of the Federal Court of Australia given on
(Signature and description of officer of the Court issuing subpoena: address of Registry from which subpoena was issued including facsimile number).
Note: Failure to comply with this subpoena may result in your arrest and the imposition of a fine under s.56K of the Judicature Act 1908 (New Zealand).
Note: There is attached to this subpoena a form setting out your rights in relation to this subpoena.
Note: This subpoena is issued at the request of (name), the applicant’s solicitor (or as the case may be).
FORM 70
CERTIFICATE OF NON-COMPLIANCE WITH SUBPOENA
(Order 69. rule 9)
To: The High Court of New Zealand
(Address)
THE FEDERAL COURT
OF AUSTRALIA, in proceedings under s.46a of
the
No application to set aside the subpoena either wholly or in part has been made.
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.
DATED:
(SEAL OF COURT TO BE AFFIXED)
(Copy of subpoena to be annexed to certificate)
(Orders or findings of fact, where appropriate, to be annexed)
FORM 71
REQUEST FOR ISSUE OF WARRANT FOR ARREST OF PERSON IN CONTRAVENTION OF COURT ORDER
(Order 69 rule 20)
(Name of person making
request) respectfully requests the Federal Court of Australia to issue a
warrant pursuant to s.32M(9) of the
An affidavit setting out the details of this contravention is attached.
(Name and address of party or person making the request.)
FORM 72
REQUEST FOR AN ORDER FOR COSTS OCCASIONED BY A CONTRAVENTION OF A COURT ORDER
(Order 69, rule 20)
(Name of person
making request) respectfully requests the Federal Court of Australia to make an
order, pursuant to s.32M of the
(Name and address of party or person making request).”.
1. Notified in the
2. Statutory Rules 1979 No. 140 as amended to date. For previous amendments
see Note 2 to Statutory Rules 1990 No. 72 andsee also Statutory Rules 1990 Nos. 72 and 102.
Printed by Authority by the Commonwealth Government Printer
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