Supreme Court (Arbitration) Rules 2016

An application for the issue of a subpoena under the WA Act section 27A must be made by way of an originating summons in the form of Form 15.

The summons must be accompanied by the following —

a draft subpoena in accordance with subrule (3);

an affidavit stating the following —

the names of the parties to the arbitration;

the name of the arbitrator or the names of the arbitrators constituting the arbitral tribunal conducting the arbitration;

the place where the arbitration is being conducted;

the nature of the arbitration;

the terms of the permission given by the arbitral tribunal for the application;

the conduct money (if appropriate) to be paid to the addressee;

the witness expenses payable to the addressee.

A draft subpoena must be —

for a subpoena to attend for examination before an arbitral tribunal — in the form of Form 16; or

for a subpoena to produce to the arbitral tribunal the documents mentioned in the subpoena — in the form of Form 17; or

for a subpoena to attend for examination and produce documents — in the form of Form 18.

The Court may —

fix an amount that represents the reasonable loss and expense the addressee will incur in complying with the subpoena; and

direct that the amount be paid by the applicant to the addressee before or after the addressee complies with the subpoena.

An amount fixed under subrule (4) may be in addition to any conduct money or witness expenses referred to in subrule (2)(b).

A subpoena must be —

for a subpoena to attend for examination before an arbitral tribunal — in the form of Form 16; or

for a subpoena to produce to the arbitral tribunal the documents mentioned in the subpoena — in the form of Form 17; or

for a subpoena to attend for examination and produce documents — in the form of Form 18.

A person served with a subpoena must comply with the subpoena in accordance with its terms.

The RSC Order 36B applies so far as is practicable to a subpoena referred to in this rule.