Document ID: chunk:federal_register_of_legislation:F2024C00482:reg:13:p39
Version: federal_register_of_legislation:F2024C00482
Segment Type: reg
Provision Reference: reg 13 (pt 39/48)
Character Range: 106248–108793

to the request, pay to the Chief Executive Officer the amount of the expenses, the Court may without notice make an order that:
 (a) the amount of the expenses be paid to the Chief Executive Officer within a specified period of time; and
 (b) the proceedings be stayed, to the extent that it concerns the whole or any part of a claim for relief by the party, until the amount of the expenses is paid.

Part 8—Subpoenas
Note: A party or other person who wants to make an application under this Part should have regard to any practice note relating to subpoenas. A copy of any practice notes may be obtained from the District Registry or downloaded from the Court's website at http://www.fedcourt.gov.au.

Division 8.1—Leave to issue subpoena

8.01  Leave to issue subpoena
 (1) A subpoena may be issued only with the leave of the Court.
 (2) A party to criminal proceedings may apply to the Court without notice for leave to issue a subpoena.
Note 1: The Court may give leave to issue a subpoena:
(a) generally or in relation to a particular subpoena or subpoenas; and
(b) subject to conditions.
Note 2: A Registrar will, in accordance with the leave given under subrule (2) and on the request of a party, issue:
(a) a subpoena to attend to give evidence; or
(b) a subpoena to produce the subpoena or a copy of it and a document or thing; or
(c) a subpoena to do both of those things.

Division 8.2—Subpoenas to give evidence and to produce documents
Note: This Division contains rules that have been harmonised in accordance with the advice of the Council of Chief Justices' Rules Harmonisation Committee.

8.02  Definitions for this Division
 (1) In this Division:
addressee means the person who is the subject of the order expressed in a subpoena.
issuing officer means an officer empowered to issue a subpoena for the Court.
issuing party means the party at whose request a subpoena is issued.
subpoena means an order in writing requiring the addressee:
 (a) to attend to give evidence; or
 (b) to produce the subpoena or a copy of it and a document or thing; or
 (c) to do both of those things.
 (2) To the extent that a subpoena requires the addressee to attend to give evidence, it is called a subpoena to attend to give evidence.
 (3) To the extent that a subpoena requires the addressee to produce the subpoena or a copy of it and a document or thing, it is called a subpoena to produce.

8.03  Issuing of subpoena
 (1) The Court may, in criminal proceedings, by subpoena, order the addressee:
 (a) to attend to give evidence as directed