Court Procedures Rules 2006

This rule applies if a corporation fails to comply with—

a subpoena; or

a notice for non-party production; or

an order requiring attendance to give evidence or produce a document or thing before—

the court; or

an officer, examiner, referee or anyone else who has authority to take evidence for the court.

The court may make an order for the issue of a warrant to an enforcement officer for—

the arrest of a named senior officer of the corporation; and

the production of the senior officer as required by the subpoena, notice or order for the purpose of the proceeding; and

the detention in custody of the senior officer until released by the court.

Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.

The court may order a corporation that did not attend as required by the subpoena or order to pay the costs and expenses resulting because the corporation did not comply with the subpoena or order.

This rule does not limit any other power of the court.

Failure to attend or to produce a document or other thing in a legal proceeding may be an offence (see Criminal Code, s 719 and s 720).

For the Magistrates Court Act 1930, section 73A, that Act, division 3.4.4 (Committal and recognisance) applies in relation to a person for whom a warrant has been issued by the Magistrates Court under this rule.