Applications to set Australian subpoenas aside
35 Applications to set Australian subpoenas aside
The person named in the subpoena may apply for the subpoena to be set aside.
The application must be made to the Australian court that gave leave for the subpoena to be served.
The application must contain an address in Australia or New Zealand that is the applicant’s address for service. That address is to be treated as the applicant’s address for service for the proceeding.
The Registrar of the Australian court must cause a copy of the application, and any affidavit setting out facts on which the applicant wishes to rely in support of the application, to be served on:
the lawyer for the person who obtained leave to serve the subpoena in New Zealand; or
if there is no lawyer for that person—that person.
This section does not affect the procedural rules of the Australian court in relation to the application.
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