Supreme Court (Arbitration) Rules 2016

Last day for service

1. You need not comply with the subpoena unless it is served on you on or before the date specified in the subpoena as the last date for service of the subpoena.

Informal service

2. Even if this subpoena has not been served personally on you, you must, nevertheless, comply with its requirements, if you have, by the last date for service of the subpoena, actual knowledge of the subpoena and of its requirements.

Addressee a company

3. If the subpoena is addressed to a company, the company must comply with the subpoena by its appropriate or proper officer.

Conduct money

4. You need not comply with the subpoena unless conduct money sufficient to meet your reasonable expenses of attending to produce the subpoena (or a copy of it) and the document(s) or thing(s) as required by the subpoena is handed or tendered to you a reasonable time before the date your attendance is required.

Production of subpoena or copy of it and documents by delivery or post

5. Instead of attending to produce the subpoena (or a copy of it) and the document(s) or thing(s), you may comply with the subpoena by delivering or sending the subpoena (or a copy of it) and the documents to the arbitral tribunal —

so that they are received not less than 2 clear business days before the date specified in the subpoena for attendance and production, or if you receive notice of a later date or time from the issuing party, before the later date or time.

Objection to the inspection of document or thing produced

6. If you object to a document or thing produced in response to this subpoena being inspected by a party to the proceeding or any other person, you must, at the time of production, notify the arbitral tribunal in writing of your objection and of the grounds of your objection.

7. Unless the Court otherwise orders, if you do not object to a document or thing produced by you in response to the subpoena being inspected by any party to the proceeding, the arbitral tribunal may permit the parties to the proceeding to inspect the document or thing.

Production of a number of documents

8. If you produce more than one document, you must, if requested by the arbitral tribunal, produce a list of the documents produced.

Production of copy instead of original

9. You may, with the consent of the issuing party, produce a copy, instead of the original, of any document that the subpoena requires you to produce.

10. The copy of a document may be —

.doc and .docx – Microsoft Word documents

.pdf – Adobe Acrobat documents

.xls and .xlsx – Microsoft Excel spreadsheets

.jpg – image files

.rtf – rich text format

.gif – graphics interchange format

.tif – tagged image format.

Return or destruction of documents or copies

11. You may, at the time of production, inform the arbitral tribunal that any document or copy of a document produced need not be returned and may be destroyed.

12. If you have so informed the arbitral tribunal, the arbitral tribunal may destroy the document or copy instead of returning it to you.

Applications in relation to subpoena

13. You have the right to apply to the Court —

Loss or expense of compliance

14. You may apply to the Court for an order that the issuing party pay an amount (in addition to conduct money and any witness’s expenses) in respect of the loss or expense, including legal costs, reasonably incurred in complying with the subpoena.

Contempt of court — arrest

15. Failure to comply with a subpoena without lawful excuse is a contempt of court and may be dealt with accordingly.

16. Note 15 is without prejudice to any power of the Court under any rules of the Court (including any rules of the Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena.

7. Subpoena to give oral evidence and produce documents to arbitral tribunal (Cwlth Act s. 23) (r. 9)

In the Supreme Court of Western Australia

General Division

No.:

Subpoena to give oral evidence and produce documents to arbitral tribunal

Subject of case

International Arbitration Act 1974 (Commonwealth) s. 23.

Arbitration agreement between [parties] dated [date].

Parties to case

[Name] Plaintiff

[Name] Defendant

To

[Name of witness] of [address]

Order

You are ordered to attend and give oral evidence and to produce this subpoena or a copy of it and the documents specified in the schedule of documents to an arbitral tribunal.

See below for details.

Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest.

Please read Notes 1 to 16 at the end of this subpoena.

Last date for service

The last date for service of this subpoena is [date]. (See Note 1).

Issuing details

Issued at the request of: [Name of party], [role of party]

Address for service: [See RSC Order 71A rule 3]

Email:

Date of issue:

[Seal or stamp of Court]

Details of subpoena

In so far as you are required by this subpoena to attend and give oral evidence, you must attend as follows, unless you receive notice of a later date or time from the issuing party, in which case the later date or time is substituted —

Date:

Time:

Place: [Name(s) of arbitrator(s) constituting arbitral tribunal] at [address].

You must continue to attend from day to day unless excused by the arbitral tribunal or the Court or until the hearing of the matter is completed.

In so far as you are required by this subpoena to produce the subpoena or a copy of it and documents, you must comply with this subpoena —

Date, time and place at which you must produce the subpoena or a copy of it and documents, unless you receive notice of a later date or time from the issuing party, in which case the later date or time is substituted —

Date:

Time:

Place: [Name(s) of arbitrator(s) constituting arbitral tribunal] at [address].

Address, or any address, to which the subpoena (or copy) and documents may be delivered or posted —

[Name] at [address].

Schedule of documents

The documents and things you must produce are as follows —

[List the documents and state whether the original of any document is required. If insufficient space, attach list.]