Document ID: chunk:federal_register_of_legislation:F2024C00482:reg:13:p45
Version: federal_register_of_legislation:F2024C00482
Segment Type: reg
Provision Reference: reg 13 (pt 45/48)
Character Range: 120152–122763

Federal Court Rules 2011.
 (2) Despite subrule 8.07(1), if a subpoena has not been served on the addressee in accordance with that subrule, 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.

8.15  Documents and things in custody of a court
 (1) A party to criminal proceedings who seeks production of a document or thing in the custody of the Court or of another court may inform a Registrar in writing, identifying the document or thing.
 (2) If the document or thing is in the custody of the Court, a Registrar must produce the document or thing:
 (a) in Court or to any person authorised to take evidence in the proceeding, as required by the party; or
 (b) as the Court directs.
 (3) If the document or thing is in the custody of another court:
 (a) a Registrar must ask the other court to send the document or thing to that Registrar; and
 (b) after receiving it, that Registrar must produce the document or thing:
 (i) in Court or to any person authorised to take evidence in the proceedings as required by the party; or
 (ii) as the Court directs.

Part 9—Other matters

9.01  Interlocutory applications

Absence of party
 (1) An interlocutory application may be heard and determined in the absence of a party if:
 (a) the application has been served on the party; and
 (b) the party does not appear.

Interlocutory applications if no approved form
 (2) Subrules (3) and (4) apply if:
 (a) a party wants to make an interlocutory application in criminal proceedings; and
 (b) these Rules do not otherwise provide for the application to be made in accordance with a particular approved form.
 (3) The application may be made:
 (a) by filing an application in accordance with Form CP45, accompanied by an affidavit stating briefly, but specifically, the facts that support the application; or
 (b) subject to any other provision of these Rules—orally at a hearing of the Court.
Note: When the application is filed, a Registrar will fix a return date and place for hearing and endorse those details on the application or an accompanying notice.
 (4) If an application is made in accordance with paragraph (3)(a), the party filing