Document ID: chunk:federal_register_of_legislation:C2004A04001:body:0:p15
Version: federal_register_of_legislation:C2004A04001
Segment Type: other
Provision Reference: 
Character Range: 41087–43660

by implication any power that the Federal Court has apart from this section to make an order, grant an injunction or issue a subpoena.

Service of injunction in New Zealand etc.

"32f. Subject to the Rules of Court, an Australian injunction or other Australian judgment, and an Australian subpoena, may be served in New Zealand.

Subpoena for service in New Zealand not to be issued without leave of Judge

"32g. A subpoena in an Australian proceeding for service in New Zealand must not be issued without the leave of a Judge of the Federal Court.

Subpoena for production must permit production at certain registries of High Court of New Zealand

"32h. An Australian subpoena issued for service in New Zealand that is a subpoena for production, and is not also a subpoena to give evidence, must permit the person named to comply with the subpoena by producing the document or thing concerned to the High Court of New Zealand at a registry of the High Court prescribed by the Rules of Court.

Effective service of subpoena

"32j. An Australian subpoena issued for service in New Zealand is of no effect unless:

  (a) it is accompanied by a statement in the form prescribed by the

    Rules of Court setting out the rights and obligations in relation to the subpoena of the person named, and including information about the way in which an application to have the subpoena set aside may be made to the Federal Court; and

    (b) at the time of service or at some other reasonable time before the person named is required to comply with it, allowances and travelling expenses or vouchers sufficient to meet the person's reasonable expenses of complying with the subpoena are paid or tendered to the person.

Application to set subpoena aside

"32k. (1) The person named in an Australian subpoena issued for service in New Zealand may apply to the Federal Court for the subpoena to be set aside.

"(2) An application may be made ex parte.

"(3) An application must be made by affidavit.

"(4) An affidavit must:

  (a) be sworn or affirmed by the applicant; and

  (b) set out the facts on which the applicant relies; and

  (c) be lodged with the Registrar.

"(5) The Registrar must cause a copy of the affidavit to be served on the solicitor on the record for the party to the proceedings who applied for the subpoena to be issued or, if there is no solicitor on the record, on the party.

"(6) This section is in addition to, and not in derogation of, any Rules of Court.

Grounds for setting aside subpoena

"32l. (1) The Federal Court may set aside, in whole or part,