Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p42
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 42/100)
Character Range: 219262–221856

to a person who is not a party to the proceeding; and
 (b) before complying with the subpoena, the person subpoenaed has given the issuing party notice that substantial loss or expense would be incurred in properly complying with the subpoena, including a particularised estimate of the loss or expense; and
 (c) the court is satisfied that substantial loss or expense is incurred in properly complying with the subpoena.
 (2) Unless the court otherwise directs, the amount of the loss or expense estimated under paragraph (1)(b) is payable by the issuing party.
 (3) The court may fix the amount payable having regard to the scale of fees and allowances payable to witnesses in the Supreme Court of the State or Territory where the person is required to attend.
 (4) The amount payable is in addition to any conduct money paid.
 (5) If a party who is to pay an amount under this rule obtains an order for the costs of the proceeding, the court may:
 (a) allow the amount to be included in the costs recoverable; or
 (b) make any other order it thinks appropriate.

Division 6.5.2—Subpoenas: production of documents and access by parties

6.36  Use of documents produced in compliance with subpoena for production
 (1) This Division:
 (a) applies to a subpoena for production; and
 (b) does not apply to a subpoena for production and to give evidence.
 (2) A person who inspects or copies a document under these Rules or an order:
 (a) must use the document only for the purpose of the proceedings; and
 (b) must not otherwise disclose the contents of the document, or give a copy of it, to any other person without the court's permission.
 (3) However:
 (a) a solicitor may disclose the contents or give a copy of the document to the solicitor's client or counsel; and
 (b) a client may disclose the contents or give a copy of the document to the client's solicitor or counsel; and
 (c) nothing in this rule prevents a client or a client's solicitor from providing a document to an expert for the purpose of the proceeding as permitted by Chapter 7.

6.37  Right to inspection of document
 (1) This rule applies if:
 (a) the court issues a subpoena for production of a document under rule 6.26; and
 (b) the issuing party serves a copy of the subpoena on each other party, any interested person and any independent children's lawyer in accordance with rule 6.30, at least 10 days before the day stated in the subpoena for production; and
 (c) the issuing party files a notice of request to inspect in an approved form.
 (2) If a person subpoenaed, another party or an interested person has not