Document ID: chunk:federal_register_of_legislation:F2024C00482:reg:13:p44
Version: federal_register_of_legislation:F2024C00482
Segment Type: reg
Provision Reference: reg 13 (pt 44/48)
Character Range: 117798–120377

of the lawyer or a barrister briefed by the lawyer in the proceeding; and
 (b) the document or thing will be returned to the Registry in the same condition, order and packaging in which it was removed, as and when directed by a Registrar.
 (12) A Registrar may grant an application under subrule (10) subject to conditions or refuse to grant the application.

8.12  Return of documents and things produced
 (1) A Registrar may return to the addressee any document or thing produced in response to the subpoena.
 (2) A Registrar may return any document or thing under subrule (1) only if a Registrar has given to the issuing party at least 14 days' notice of the intention to do so and that period has expired.
 (3) The issuing party must attach, to the front of a subpoena to produce to be served on the addressee, a notice and declaration, in accordance with Form CP44.
 (4) The addressee must complete the notice and declaration and attach it to the subpoena or copy of the subpoena that accompanies the documents produced to the Court under the subpoena.
 (5) Subject to subrule (6), a Registrar may, on the expiry of 4 months from the conclusion of the criminal proceedings, cause to be destroyed all the documents produced in the proceedings in compliance with a subpoena, that were declared by the addressee to be copies.
 (6) The Registrar may cause to be destroyed those documents, declared by the addressee to be copies, that have become exhibits in the proceedings when they are no longer required in connection with the proceeding, including on any appeal.

8.13  Costs and expenses of compliance
 (1) The Court may order the issuing party to pay the amount of any reasonable loss or expense incurred in complying with the subpoena.
 (2) If an order is made under subrule (1), the Court must fix the amount or direct that it be fixed in accordance with the Court's usual procedure in relation to costs.
 (3) An amount fixed under this rule is separate from and in addition to:
 (a) any conduct money paid to the addressee; and
 (b) any witness expenses payable to the addressee.

8.14  Failure to comply with subpoena—contempt of court
 (1) Failure to comply with a subpoena without lawful excuse is a contempt of court and the addressee may be dealt with accordingly.
Note: For the rules of the Court relating to contempt, see Part 42 of the 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