Federal Court Rules 2011

A party may apply to the Court for the issue of a certificate of non‑compliance with a subpoena.

An application may be made:

if the proceeding in which the subpoena was issued is before the Court—orally to the Court; or

by filing an interlocutory application.

The application must be accompanied by:

a copy of the subpoena; and

a copy of the order giving leave to serve the subpoena; and

an affidavit of service of the subpoena; and

a further affidavit stating the following:

whether any application was made to set aside the subpoena;

the material in support of any application in subparagraph (i);

any order that disposed of the application in subparagraph (i);

the material facts relied on for the issue of a certificate of non‑compliance.

A certificate of non‑compliance with a subpoena issued under section 38 of the Trans‑Tasman Proceedings Act will be in accordance with Form 99.

A Registrar will affix the stamp of the Court to a certificate of non‑compliance with a subpoena.