Supreme Court (Chapter VI Amendment No. 13) Rules 2007 (Vic)

Supreme Court (Chapter VI Amendment No. 13) Rules 2007

S.R. No. 94/2007

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Subpoenas

6New Form 6–1A

Form 6–1A—Subpoena

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ENDNOTES

STATUTORY RULES 2007

S.R. No. 94/2007

Supreme Court Act 1986

Supreme Court (Chapter VI Amendment No. 13) Rules 2007

The Judges of the Supreme Court make the following Rules:

1Object

The object of these Rules is to amend Chapter VI of the Rules of the Supreme Court to make further provision for subpoenas in criminal proceedings.

2Authorising provisions

These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers.

3Commencement

These Rules come into operation on 3 September 2007.

4Principal Rules

In these Rules, the Supreme Court (Criminal Procedure) Rules 1998[1] are called the Principal Rules.

5Subpoenas

(1)In Rule 1.12 of the Principal Rules, for "Order 42" substitute "Subject to paragraph (2), Order 42".

(2)At the end of Rule 1.12 of the Principal Rules insert—

"(2)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 Form 6–1A.".

6New Form 6–1A

Before Form 6–2A of the Principal Rules insert—

"FORM 6–1A

Rule 1.12(2)

SUBPOENA

[heading as in originating process]

To [name]

of [address]:

YOU ARE ORDERED:

£*to attend to give evidence—see section A of this form;

£*to produce this subpoena or a copy of it and the documents or things specified in the Schedule—see section B of this form; or

£*to attend to give evidence and to produce this subpoena or a copy of it and the documents or things specified in the Schedule—see section C of this form.

*Select one only of these three options

Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest.

The last day for service of this subpoena is:

(See Note 1)

Please read Notes 1 to 13 at the end of this subpoena.

[Seal of the Court]

Date:

Issued at the request of [name of party], whose address for service is:

A. Details of subpoena to attend to give evidence only

Date, time and place at which you must attend to give evidence:

Date:

Time:

Place:

You must continue to attend from day to day unless excused by the Court or the person authorised to take evidence in this proceeding or until the hearing of the matter is completed. 

Alternatively, if notice of a later day is given to you by a member of the police or the Solicitor for Public Prosecutions, you must attend on that day until you are excused from further attending.

B. Details of subpoena to produce only

You must comply with this subpoena:

(a)by attending to produce this subpoena or a copy of it and the documents or things specified in the Schedule below at the date, time and place specified for attendance and production; or

(b)by delivering or sending this subpoena or a copy of it and the documents or things specified in the Schedule below to the Prothonotary at the address below so that they are received not less than three days before the day specified for attendance and production. (See Notes 5 to 9)

Alternatively, if notice of a later day is given to you by a member of the police or the Solicitor for Public Prosecutions, you must attend and produce the subpoena, or a copy of it, with the required documents or things on that day until you are excused from further attending.

Date, time and place at which to attend to produce the subpoena or a copy of it and the documents or things:

Date:

Time:

Place:

Address to which the subpoena (or copy) and documents or things may be delivered:

The Prothonotary

[Supreme Court of Victoria
436 Lonsdale Street
Melbourne]

Address to which the subpoena (or copy) and documents or things may be sent by post:

The Prothonotary

[Supreme Court of Victoria
210 William Street
Melbourne]

SCHEDULE

The documents and things you must produce are as follows:

[If insufficient space attach list]

C. Details of subpoena both to attend to give evidence and to produce

In so far as you are required by this subpoena to attend to give evidence, you must attend as follows:

Date:

Time:

Place:

You must continue to attend from day to day unless excused by the Court or the person authorised to take evidence in this proceeding or until the hearing of the matter is completed. 

Alternatively, if notice of a later day is given to you by a member of the police or the Solicitor for Public Prosecutions, you must attend on that day until you are excused from further attending.

In so far as you are required by this subpoena to produce the subpoena or a copy of it and documents or things, you must comply with this subpoena:

(a)by attending to produce this subpoena or a copy of it and the documents or things specified in the Schedule below at the date, time and place specified for attendance and production; or

(b)by delivering or sending this subpoena or a copy of it and the documents or things specified in the Schedule below to the Prothonotary at the address below so that they are received not less than three days before the day specified for attendance and production. (See Notes 5 to 9)

Alternatively, if notice of a later day is given to you by a member of the police or the Solicitor for Public Prosecutions, you must attend and produce the subpoena, or a copy of it, with the required documents or things on that day until you are excused from further attending.

Date, time and place at which to attend to produce the subpoena or a copy of it and the documents or things:

Date:

Time:

Place:

Address to which the subpoena or a copy of it and documents or things must be delivered:

The Prothonotary

[Supreme Court of Victoria
436 Lonsdale Street
Melbourne]

Address to which the subpoena (or copy) and documents or things may be sent by post:

The Prothonotary

[Supreme Court of Victoria
210 William Street
Melbourne]

SCHEDULE

The documents and things you must produce are as follows:

[If insufficient space attach list]

NOTES

Last day for service

1.Subject to Note 2, you need not comply with the subpoena unless it is served on you on or before the day specified in the subpoena as the last day for service of the subpoena.

2.Even if this subpoena has not been served personally on you, you must, nevertheless, comply with its requirements, if you have, by the last day for service of the subpoena, actual knowledge of the subpoena and of its requirements.

Addressee a corporation

3.If the subpoena is addressed to a corporation, the corporation must comply with the subpoena by its appropriate or proper officer.

Conduct money

4.You need not comply with the subpoena in so far as it requires you to attend to give evidence unless conduct money sufficient to meet your reasonable expenses of attending as required by the subpoena is handed or tendered to you a reasonable time before the day on which your attendance is required.

Production to the Prothonotary

5.In so far as this subpoena requires production of the subpoena or a copy of it and a document or thing, instead of attending to produce the subpoena or a copy of it and the document or thing, you may comply with the subpoena by delivering or sending the subpoena or a copy of it and the document or thing to the Prothonotary at the address specified in the subpoena for the purpose so that they are received not less than three days before the day specified in the subpoena for attendance and production.

6.If you object to a document or thing produced in response to this subpoena being inspected by a party to the proceeding or any other person, you must, at the time of production, notify the Prothonotary in writing of your objection and of the grounds of your objection.

7.Unless the Court otherwise orders, if you do not object to a document or thing produced by you in response to the subpoena being inspected by any party to the proceeding, the Prothonotary may permit the parties to the proceeding to inspect the document or thing.

8.If you produce more than one document or thing, you must, if requested by the Prothonotary, produce a list of the documents or things produced.

9.You may, with the consent of the issuing party, produce a copy, instead of the original, of any document that the subpoena requires you to produce.

Applications in relation to subpoena

10.You have the right to apply to the Court—

(a)     for an order setting aside the subpoena (or a part of it) or for relief in respect of the subpoena; and

(b)     for an order with respect to your claim for privilege, public interest immunity or confidentiality in relation to any document or thing the subject of the subpoena.

Loss or expense of compliance

11.If you are not a party to the proceeding, you may apply to the Court for an order that the issuing party pay an amount (in addition to conduct money and any witness's expenses) in respect of the loss or expense, including legal costs reasonably incurred in complying with the subpoena.

Contempt of court—arrest

12.Failure to comply with a subpoena without lawful excuse is a contempt of court and may be dealt with accordingly.

13.Note 12 is without prejudice to any power of the Court under any Rules of the Supreme Court (including any Rules of the Supreme Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena.

__________________".

Dated:    30 August 2007

M. L. WARREN, C.J.

CHRISTOPHER MAXWELL, P.

PETER BUCHANAN, J.A.

ALEX CHERNOV, J.A.

GEOFFREY NETTLE, J.A.

ROBERT REDLICH, J.A.

MURRAY B. KELLAM, J.A.

BERNARD G. TEAGUE, J.

T. H. SMITH, J.

JOHN COLDREY, J.

DAVID BYRNE, J.

H. R. HANSEN, J.

PHILIP MANDIE, J.

BERNARD D. BONGIORNO, J.

D. J. HABERSBERGER, J.

R. S. OSBORN, J.

K. WILLIAMS, J.

STEPHEN KAYE, J.

SIMON P. WHELAN, J.

KEVIN H. BELL, J.

BETTY JUNE KING, J.

ANTHONY CAVANOUGH, J.

TONY PAGONE, J.

PAUL COGHLAN, J.

JACK FORREST, J.

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ENDNOTES

[1] Rule 4: S.R. No. 33/1998.  Reprint No. 3 as at 7 March 2007.  Reprinted to S.R. No. 6/2007.  Subsequently amended by S.R. No. 93/2007.