Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p41
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 41/100)
Character Range: 216835–219495

the court directs otherwise:
 (a) a subpoena requiring attendance must be served at least 7 days before attendance under the subpoena is required; and
 (b) a subpoena requiring production must be served at least 10 days before production under the subpoena is required.
Note: A subpoena must be served within 3 months after it is issued (see rule 2.30).

6.30  Service
 (1) A subpoena requiring the person subpoenaed to give evidence must be served by personal service.
 (2) A subpoena for production only may be served:
 (a) by ordinary service; or
 (b) by a manner of service agreed between the issuing party and the person subpoenaed.
 (3) The issuing party for a subpoena must serve by ordinary service a copy of the subpoena on each other party, any interested person and any independent children's lawyer in the proceeding.
Note 1: For personal service, see Division 2.6.2. For ordinary service, see Division 2.6.3.
Note 2: For service on a corporation, a subpoena must be served on the proper officer or other person entitled to accept service of a subpoena for a corporation (see subrule 6.26(3)).

6.31  Conduct money and witness fees
 (1) The person serving a subpoena must give the person subpoenaed conduct money sufficient for return travel between the place of residence or employment (as appropriate) of the person subpoenaed and the court.
 (2) The amount of conduct money must be at least equal to the minimum amount referred to in Part 1 of Schedule 2.
 (3) A named person served with a subpoena to give evidence and a subpoena to give evidence and produce documents is entitled to be paid a witness fee by the issuing party in accordance with Part 2 of Schedule 2, immediately after attending court in compliance with the subpoena.

6.32  Undertaking not to require compliance with subpoena
  The issuing party for a subpoena may, by notice in writing served on the person subpoenaed and on each other party, undertake not to require the person subpoenaed to comply with the subpoena.

6.33  Setting aside subpoena
  On application, the court may make an order setting aside all or part of a subpoena.

6.34  Order for cost of complying with subpoena
  Subject to rule 6.35, the court may, on application, make an order for the payment of any loss or expense incurred in complying with a subpoena.

6.35  Cost of complying with subpoena if not a party
 (1) This rule applies if:
 (a) a subpoena is addressed 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