s 41.05

Failure to attend Court in response to subpoena or order

In force

(1)

This rule applies if:

(a)

the Court has issued a subpoena or made an order that a person attend Court:

(i)

to give evidence; or

(ii)

to produce any document or thing; or

(iii)

to answer a charge of contempt; or

(iv)

for any other reason; and

(b)

the person fails to attend.

(1A)

A party may apply to the Court for the issue of a warrant, in accordance with Form 90:

(a)

for the person’s arrest and detention in custody until the person is brought before the Court; and

(b)

for the production of the person before the Court.

(1B)

The warrant may be issued to one of the following persons:

(a)

the Sheriff of the Court;

(b)

a Deputy Sheriff of the Court;

(c)

the Sheriff of a court of a State or Territory;

(d)

a Deputy Sheriff of a court of a State or Territory;

(e)

a police officer.

(2)

This rule does not limit the power of the Court to punish for contempt.

(3)

This rule does not apply to an order or direction of the Court requiring a party to comply with these Rules.

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.