Adoption Rules 1995

28. Witness summonses

At the direction of the Court the Registrar is to issue, and at the request of a party the Registrar may issue, a witness summons in relation to proceedings under the Act, commanding the person named in the summons to attend before the Court at the time stated in the summons and there to —

give evidence;

give evidence and produce any books, documents or things in the person’s possession or custody or under the person’s control; or

produce any books, documents or things in the person’s possession or custody or under the person’s control,

in accordance with the summons.

A witness summons is to be in the form of Form 7 of Schedule 1.

A witness summons is to be served personally on the prospective witness or in such other manner as the Court directs.

A person who serves a witness summons must, at the time of service, tender to the person served sufficient money for that person’s return travel between his or her place of residence or employment (whichever is appropriate) and the Court.

29. Failure or refusal to comply with witness summons

A person who is served with a witness summons issued under rule 28 must not fail or refuse to comply with the summons without reasonable cause or excuse, proof of which lies on the person.

Penalty: $1 000.

[30. Deleted: Gazette 5 Dec 1995 p. 5587.]

31. Register of applications and orders

The Registrar is to keep a register of all applications made to the Court under the Act and record in the register the orders made on each application.

[Rule 31 amended: Gazette 29 Jan 2013 p. 334.]

32. Court to provide certain information to CEO

The Registrar is to cause to be given to the CEO —

a copy of the orders made in relation to each application for an adoption order and each application for an order to discharge an adoption order; and

notice of each application under section 83(1) of the Act for an order to prevent the CEO from giving his or her authority in relation to access to information; and

a copy of the orders made in relation to each application made under section 136B or 136F of the Act.

[Rule 32 amended: Gazette 21 Mar 2000 p. 1497‑8; 29 Jan 2013 p. 335.]