Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p33
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 33/154)
Character Range: 294629–297211

Court that:
 (a) the document or thing will be kept in the personal custody of the lawyer or a barrister briefed by the lawyer in the proceeding; and
 (b) the document or thing will be returned to the Registry in the same condition, order and packaging in which it was removed, as and when directed by a Registrar.
 (12) A Registrar may grant an application under subrule (10) subject to conditions or refuse to grant the application.

24.21  Return of documents and things produced
 (1) A Registrar may return to the addressee any document or thing produced in response to the subpoena.
 (2) A Registrar may return any document or thing under subrule (1) only if a Registrar has given to the issuing party at least 14 days' notice of the intention to do so and that period has expired.
 (3) A Registrar may, on the expiry of 4 months from the conclusion of the proceeding, cause to be destroyed all the documents produced in the proceeding in compliance with a subpoena that:
 (a) the addressee did not declare, in accordance with subrule 24.17(7A), to be original documents; and
 (b) are no longer required in connection with the proceeding, including on any appeal.

24.22  Costs and expenses of compliance
 (1) The Court may order the issuing party to pay the amount of any reasonable loss or expense incurred in complying with the subpoena.
 (2) If an order is made under subrule (1), the Court must fix the amount or direct that it be fixed in accordance with the Court's usual procedure in relation to costs.
 (3) An amount fixed under this rule is separate from and in addition to:
 (a) any conduct money paid to the addressee; and
 (b) any witness expenses payable to the addressee.

24.23  Failure to comply with subpoena—contempt of court
 (1) Failure to comply with a subpoena without lawful excuse is a contempt of court and the addressee may be dealt with accordingly.
 (2) Despite rule 24.16(1), if a subpoena has not been served personally on the addressee, the addressee may be dealt with for contempt of court as if the addressee had been so served if it is proved that the addressee had, by the last date for service of the subpoena, actual knowledge of the subpoena and of its requirements.
 (3) Subrules (1) and (2) are without prejudice to any power of the Court under any rules of the Court (including any rules of the 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.

24.24  Documents and things in custody of Court
 (1) A party who seeks production