Document ID: chunk:federal_register_of_legislation:F2023C00085:front:0:p46
Version: federal_register_of_legislation:F2023C00085
Segment Type: other
Provision Reference: 
Character Range: 109435–112068

with Part 6.
Note: Under subrule 6.06(1), service by hand is required for an application starting a proceeding or a subpoena requiring the attendance of a person.
 (2) The issuing party must serve by ordinary service a copy of the subpoena on each other party and any interested person in the proceeding.

16.06  Conduct money
 (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 applicable) of the person subpoenaed and the court.
 (2) The amount of conduct money must be at least $25.

16.07  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.

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

16.09  Order for cost of complying with subpoena
  Subject to rule 16.10, the Court may, on application, make an order for the payment of any loss or expense incurred in complying with a subpoena.

16.10  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 subpoena, including an 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 or a Registrar 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 fit.

Division 16.2—Production of documents and access by parties

16.11  Application of Division 16.2
 (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