The new system aims to reduce the need for parties to appear at Court as well as providing more and better information so that parties can decide on whether to appear and dispute an access order. Practice Note 58 provides an overview of the operation of the new system. The old subpoena system will continue to apply to those subpoena. Those subpoena will continue to dealt with after 1 May 2001 in the same manner as they are now. The Court can still make an access order at any time.
Parties can approach a registrar in chambers where an access order is by consent.
However, the system is intended to alleviate the need for the parties to attend court, so the presiding registrar may refuse to take an appearance. What happens if I have not served each other party with an address for service with a copy of the subpoena. You must attend on the return date and inform the presiding registrar. In most cases, the registrar will adjourn the matter to another date with a direction to notify all other parties. Alternatively, an access order may be made if consent from the party not notified is given.