Court Procedures Rules 2006

This rule applies to an application for leave made under the Service and Execution of Process Act 1992 (Cwlth), section 57 to serve a subpoena issued by the ACAT outside the ACT.

An application for leave is made by filing—

an affidavit in support of the application; and

See approved form 6.23 (Affidavit in support of application for leave to serve ACAT subpoena outside ACT) AF2009-287.

a copy of the subpoena, annexed to the affidavit; and

a draft order.

See approved form 6.24 (Order to serve ACAT subpoena outside ACT) AF2009-288.

The affidavit in support of the application must state—

for a subpoena to attend to give evidence—

the evidence the addressee is expected to give in the proceeding; and

why the addressee’s evidence is necessary; and

whether the addressee for the subpoena has been told about the hearing and, if so, whether the addressee is able to attend the hearing; and

the hearing date for the proceeding and the date the subpoena must be served before; and

for a subpoena to produce—

why the document or thing required to be produced by the subpoena are necessary; and

whether the addressee for the subpoena has been told about the subpoena and, if so, whether the addressee is able to produce the document or thing before the compliance date; and

the hearing date for the proceeding and the date the subpoena must be served before.

Part 6.2 (Applications in proceedings) does not apply to an application under this rule.

The affidavit need not be served on anyone unless the court otherwise orders on its own initiative.

Unless the court otherwise orders on its own initiative, an application under this rule may be dealt with without a hearing and in the absence of the parties.