Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p48
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 48/154)
Character Range: 330496–333306

Form 54.
 (2) The application must be accompanied by:
 (a) a draft subpoena, in accordance with subrule (3); and
 (b) an affidavit stating the following:
 (i) the parties to the arbitral proceeding;
 (ii) the name of the arbitrator conducting the arbitral proceeding;
 (iii) the place where the arbitral proceeding is being conducted;
 (iv) the nature of the arbitral proceeding;
 (v) the terms of the permission given by the arbitral tribunal for the application;
 (vi) the conduct money (if appropriate) to be paid to the addressee;
 (vii) the witness expenses payable to the addressee.
 (3) For paragraph (2)(a), the draft subpoena must be in accordance with:
 (a) for a subpoena to attend for examination before an arbitral tribunal—Form 55A; or
 (b) for a subpoena to produce to the arbitral tribunal the documents mentioned in the subpoena—Form 55B; or
 (c) for a subpoena to attend for examination and produce documents—Form 55C.
 (4) The Court may:
 (a) fix an amount that represents the reasonable loss and expense the addressee will incur in complying with the subpoena; and
 (b) direct that the amount be paid by the issuing party to the addressee before or after the addressee complies with the subpoena.
 (5) An amount fixed under subrule (4) is in addition to any conduct money or witness expenses payable under paragraph (2)(b).
 (6) The addressee must comply with the subpoena in accordance with its terms.

28.47  Application under section 23A of International Arbitration Act
 (1) A party to an arbitral proceeding who wants an order under section 23A(3) of the International Arbitration Act must file:
 (a) if a proceeding has not been started in relation to the arbitral proceeding—an originating application, in accordance with Form 56; or
 (b) if a proceeding has been started in relation to the arbitral proceeding—an interlocutory application in that proceeding.
 (2) An application under subrule (1) must be accompanied by an affidavit stating the following:
 (a) the person against whom the order is sought;
 (b) the order sought;
 (c) the ground under section 23A(1) relied on;
 (d) the terms of the permission given by the arbitral tribunal for the application;
 (e) the material facts relied on for the making of the order.

28.48  Application under section 23F or 23G of International Arbitration Act
 (1) A party to an arbitral proceeding who wants an order under section 23F or 23G of the International Arbitration Act must file:
 (a) if a proceeding has not been started in relation to the arbitral proceeding—an originating application, in accordance with Form 57;
 (b) if a proceeding has been started in relation to the arbitral proceeding—an interlocutory application in that proceeding.
 (2) An application under subrule (1) must be accompanied by an affidavit stating the