Notes
Notes Notes
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 give oral evidence and 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. In so far as this subpoena requires production of the subpoena (or a copy of it) and a document or thing, 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,
at the address specified in the subpoena for the purpose; or
if more than one address is specified — at any of those addresses,
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 —
a photocopy; or
in an electronic form on a CD-ROM, DVD or USB device in any of the following electronic formats:
.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 —
for an order setting aside the subpoena (or a part of it) or for relief in respect of the subpoena; and
for an order with respect to any claim you may have for privilege, public interest immunity or confidentiality.
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.
8. Originating summons for order to give evidence or produce documents (Cwlth Act s. 23A) (r. 10(1))
In the Supreme Court of Western Australia
Commercial and Managed Cases List
No.:
Originating summons for order to give evidence, produce documents or do relevant thing
Subject of case
International Arbitration Act 1974 (Commonwealth) s. 23A.
Arbitration agreement between [parties] dated [date].
Parties to case
[Name] Plaintiff
[Name] Defendant
Reason for this summons
The plaintiff is a party to the above arbitration agreement and, by this originating summons, applies for —
1. an order under the International Arbitration Act 1974 (Commonwealth) s. 23A(3) that [identify person against whom order is sought] do the following —
*(a) attend before the Court for examination;
*(b) produce the following documents to the Court: [specify];
*(c) do the following things: [specify];
and
2. [state briefly but specifically any other orders sought].
This application relies on the International Arbitration Act 1974 (Commonwealth) s. 23A(1) [insert relevant paragraph number].
Accompanying document
This summons is accompanied by an affidavit stating the following —
if the permission of the arbitral tribunal is required for this application, the terms of the permission;
the material facts relied on.
Notice to defendant1
The Court will hear this summons, or make orders for the conduct of this case —
on [date] at [time], or as soon after then as possible,
at the Supreme Court, David Malcolm Justice Centre, 28 Barrack Street, Perth.
If you or your lawyer do not attend, the Court may make orders in your absence and without further notice.
You must file a memorandum of appearance before attending Court or taking any other steps in this case.
Serving this summons
*The time for serving this summons has been abridged to [date and time] by an order made by the Court on [date].
[Select one of these 3 options and delete the others.]
*It is intended to serve this summons on all other parties.
*It is intended to serve this summons on the following other parties:
[insert name of each party on whom summons is to be served].
*It is not intended to serve this summons on any party.
Plaintiff’s service details2
*Name of lawyer:
*Address where lawyer conducts business:
Postal address for service of documents:
Email address:
Fax no.: Telephone no.:
Plaintiff’s signature
[Name]
[Capacity, e.g. Plaintiff, Lawyer for plaintiff]
Date:
Footnotes to Form 8 —
* Delete the inapplicable.
1. Memorandum of appearance. See the RSC Order 12 rule 2 and Schedule 2 Form 6.
2. The service details must comply with the RSC Order 71A rule 3.
9. Originating summons to prohibit or allow disclosure of confidential information in relation to arbitral proceedings (Cwlth Act s. 23F, 23G) (r. 11(1))
In the Supreme Court of Western Australia
Commercial and Managed Cases List
No.:
Originating summons to *prohibit/ allow disclosure of confidential information in relation to arbitral proceedings
Subject of case
International Arbitration Act 1974 (Commonwealth) s. *23F/23G.
Arbitration agreement between [parties] dated [date].
Parties to case
[Name] Plaintiff
[Name] Defendant
Reason for this summons
The plaintiff is a party to the above arbitration agreement and, by this originating summons, applies for —
an order under the International Arbitration Act 1974 (Commonwealth) s. *23F/23G that the disclosure by [name of party] of confidential information [insert details of the confidential information] be *prohibited/allowed *absolutely/on the following terms [insert any terms sought]; and
[state briefly but specifically any other orders sought].
Accompanying document
This summons is accompanied by an affidavit stating the following —
the material facts relied on;
*[For an application made under s. 23F] the terms of the order of the arbitral tribunal allowing disclosure of the information and the date the order was made.
*[For an application made under s. 23G] —
*the date the arbitral tribunal’s mandate was terminated.
*the date and terms —
of the request made to the arbitral tribunal for disclosure of the confidential information; and
of the arbitral tribunal’s refusal to make the order.
Notice to defendant1
The Court will hear this summons, or make orders for the conduct of this case —
on [date] at [time], or as soon after then as possible,
at the Supreme Court, David Malcolm Justice Centre, 28 Barrack Street, Perth.
If you or your lawyer do not attend, the Court may make orders in your absence and without further notice.
You must file a memorandum of appearance before attending Court or taking any other steps in this case.
Serving this summons
*The time for serving this summons has been abridged to [date and time] by an order made by the Court on [date].
[Select one of these 3 options and delete the others.]
*It is intended to serve this summons on all other parties.
*It is intended to serve this summons on the following other parties:
[insert name of each party on whom summons is to be served].
*It is not intended to serve this summons on any party.
Plaintiff’s service details2
*Name of lawyer:
*Address where lawyer conducts business:
Postal address for service of documents:
Email address:
Fax no.: Telephone no.:
Plaintiff’s signature
[Name]
[Capacity, e.g. Plaintiff, Lawyer for plaintiff]
Date:
Footnotes to Form 9 —
* Delete the inapplicable.
1. Memorandum of appearance. See the RSC Order 12 rule 2 and Schedule 2 Form 6.
2. The service details must comply with the RSC Order 71A rule 3.
10. Originating summons for relief under certain miscellaneous provisions of Model Law (r. 12(1))
In the Supreme Court of Western Australia
Commercial and Managed Cases List
No.:
Originating summons for relief under certain miscellaneous provisions of Model Law
Subject of case
International Arbitration Act 1974 (Commonwealth).
Arbitration agreement between [parties] dated [date].
Parties to case
[Name] Plaintiff
[Name] Defendant
Reason for this summons
The plaintiff is *a party to/the arbitral tribunal for the above arbitration agreement and, by this originating summons, applies for —
an order under the Model Law article *11(3), 11(4), 13(3), 14, 16(3), 17H, 17J or 27 that [insert details of the specific order sought]; and
[state briefly but specifically any other orders sought].
Accompanying document
This summons is accompanied by an affidavit stating the material facts relied on.
Notice to defendant1
The Court will hear this summons, or make orders for the conduct of this case —
on [date] at [time], or as soon after then as possible,
at the Supreme Court, David Malcolm Justice Centre, 28 Barrack Street, Perth.
If you or your lawyer do not attend, the Court may make orders in your absence and without further notice.
You must file a memorandum of appearance before attending Court or taking any other steps in this case.
Serving this summons
*The time for serving this summons has been abridged to [date and time] by an order made by the Court on [date].
[Select one of these 3 options and delete the others.]
*It is intended to serve this summons on all other parties.
*It is intended to serve this summons on the following other parties:
[insert name of each party on whom summons is to be served].
*It is not intended to serve this summons on any party.
Plaintiff’s service details2
*Name of lawyer:
*Address where lawyer conducts business:
Postal address for service of documents:
Email address:
Fax no.: Telephone no.:
Plaintiff’s signature
[Name]
[Capacity, e.g. Plaintiff, Lawyer for plaintiff]
Date:
Footnotes to Form 10 —
* Delete the inapplicable.
1. Memorandum of appearance. See the RSC Order 12 rule 2 and Schedule 2 Form 6.
2. The service details must comply with the RSC Order 71A rule 3.
11. Originating summons to set aside award (Model Law art. 34) (r. 13(1))
In the Supreme Court of Western Australia
Commercial and Managed Cases List
No.:
Originating summons to set aside award under Model Law art. 34
Subject of case
International Arbitration Act 1974 (Commonwealth).
Arbitration agreement between [parties] dated [date].
Parties to case
[Name] Plaintiff
[Name] Defendant
Reason for this summons
The plaintiff is a party to the above arbitration agreement and, by this originating summons, applies for —
an order under the Model Law article 34(2) setting aside the award [identify award]; and
[state briefly but specifically any other orders sought].
This application relies on the Model Law article 34(2) [identify the subparagraphs of article 34(2)(a) or (b) relied on].
The grounds for this application are: [Set out the grounds, if necessary on an attached list.].
Accompanying document
This summons is accompanied by an affidavit —
that exhibits the following —
a copy of the arbitration agreement;
a copy of the award, including the reasons of the arbitral tribunal for the award;
and
that states the following —
the material facts relied on;
the date on which the applicant received the award or, if a request was made under the Model Law article 33 to the arbitral tribunal to correct the award, the date on which that request was disposed of by the arbitral tribunal.
Notice to defendant1
The Court will hear this summons, or make orders for the conduct of this case —
on [date] at [time], or as soon after then as possible,
at the Supreme Court, David Malcolm Justice Centre, 28 Barrack Street, Perth.
If you or your lawyer do not attend, the Court may make orders in your absence and without further notice.
You must file a memorandum of appearance before attending Court or taking any other steps in this case.
Serving this summons
*The time for serving this summons has been abridged to [date and time] by an order made by the Court on [date].
[Select one of these 3 options and delete the others.]
*It is intended to serve this summons on all other parties.
*It is intended to serve this summons on the following other parties:
[insert name of each party on whom summons is to be served].
*It is not intended to serve this summons on any party.
Plaintiff’s service details2
*Name of lawyer:
*Address where lawyer conducts business:
Postal address for service of documents:
Email address:
Fax no.: Telephone no.:
Plaintiff’s signature
[Name]
[Capacity, e.g. Plaintiff, Lawyer for plaintiff]
Date:
Footnotes to Form 11 —
* Delete the inapplicable.
1. Memorandum of appearance. See the RSC Order 12 rule 2 and Schedule 2 Form 6.
2. The service details must comply with the RSC Order 71A rule 3.
12. Originating summons to enforce award (Model Law art. 35) (r. 14(1))
In the Supreme Court of Western Australia
Commercial and Managed Cases List
No.:
Originating summons to enforce award under Model Law art. 35
Subject of case
International Arbitration Act 1974 (Commonwealth).
Arbitration agreement between [parties] dated [date].
Parties to case
[Name] Plaintiff
[Name] Defendant
Reason for this summons
The plaintiff is a party to the above arbitration agreement and, by this originating summons, applies for —
an order under the Model Law article 35 to enforce the award [identify award and state how it is to be enforced]; and
[state briefly but specifically any other orders sought].
Accompanying document
This summons is accompanied by an affidavit —
that exhibits the document referred to in the Model Law article 35(2); and
that states the following —
the extent to which the award has not been complied with at the date of this summons;
the usual or last known place of residence or business of the person against whom it is sought to enforce the award or, if the person is a company, the last known registered office of the company.
Notice to defendant1
The Court will hear this summons, or make orders for the conduct of this case —
on [date] at [time], or as soon after then as possible,
at the Supreme Court, David Malcolm Justice Centre, 28 Barrack Street, Perth.
If you or your lawyer do not attend, the Court may make orders in your absence and without further notice.
You must file a memorandum of appearance before attending Court or taking any other steps in this case.
Serving this summons
*The time for serving this summons has been abridged to [date and time] by an order made by the Court on [date].
[Select one of these 3 options and delete the others.]
*It is intended to serve this summons on all other parties.
*It is intended to serve this summons on the following other parties:
[insert name of each party on whom summons is to be served].
*It is not intended to serve this summons on any party.
Plaintiff’s service details2
*Name of lawyer:
*Address where lawyer conducts business:
Postal address for service of documents:
Email address:
Fax no.: Telephone no.:
Plaintiff’s signature
[Name]
[Capacity, e.g. Plaintiff, Lawyer for plaintiff]
Date:
Footnotes to Form 12 —
* Delete the inapplicable.
1. Memorandum of appearance. See the RSC Order 12 rule 2 and Schedule 2 Form 6.
2. The service details must comply with the RSC Order 71A rule 3.
13. Originating summons for leave to enforce award to which Cwlth Act Part IV applies (Cwlth Act s. 35(2)) (r. 15(1))
In the Supreme Court of Western Australia
Commercial and Managed Cases List
No.:
Originating summons for leave to enforce award to which International Arbitration Act 1974 (Commonwealth) Part IV applies
Subject of case
International Arbitration Act 1974 (Commonwealth) s. 35(2).
Arbitration agreement between [parties] dated [date].
Parties to case
[Name] Plaintiff
[Name] Defendant
Reason for this summons
The plaintiff, by this originating summons, applies for —
an order under the International Arbitration Act 1974 (Commonwealth) s. 35(2) granting leave to enforce an award to which Part IV of that Act applies [identify award and state how it is to be enforced]; and
[state briefly but specifically any other orders sought].
Accompanying document
This summons is accompanied by an affidavit stating the following —
the extent to which the award has not been complied with at the date of this summons;
the usual or last known place of residence or business of the person against whom it is sought to enforce the award or, if the person is a company, the last known registered office of the company.
Notice to defendant1
The Court will hear this summons, or make orders for the conduct of this case —
on [date] at [time], or as soon after then as possible,
at the Supreme Court, David Malcolm Justice Centre, 28 Barrack Street, Perth.
If you or your lawyer do not attend, the Court may make orders in your absence and without further notice.
You must file a memorandum of appearance before attending Court or taking any other steps in this case.
Serving this summons
*The time for serving this summons has been abridged to [date and time] by an order made by the Court on [date].
[Select one of these 3 options and delete the others.]
*It is intended to serve this summons on all other parties.
*It is intended to serve this summons on the following other parties:
[insert name of each party on whom summons is to be served].
*It is not intended to serve this summons on any party.
Plaintiff’s service details2
*Name of lawyer:
*Address where lawyer conducts business:
Postal address for service of documents:
Email address:
Fax no.: Telephone no.:
Plaintiff’s signature
[Name]
[Capacity, e.g. Plaintiff, Lawyer for plaintiff]
Date:
Footnotes to Form 13 —
* Delete the inapplicable.
1. Memorandum of appearance. See the RSC Order 12 rule 2 and Schedule 2 Form 6.
2. The service details must comply with the RSC Order 71A rule 3.
14. Summons for referral to arbitration (WA Act s. 8) (r. 16(1))
In the Supreme Court of Western Australia
Commercial and Managed Cases List
No.:
Summons for referral to arbitration
*Subject of case
Parties to case
[Name] Plaintiff
[Name] Defendant
Parties to this summons
Applicant: [Name] [*Plaintiff/Defendant]
Respondent: [Name] [*Plaintiff/Defendant]
Reason for this summons
The applicant is a party to an arbitration agreement and, by this summons, applies for —
an order under the Commercial Arbitration Act 2012 s. 8 that refers [identify parties and dispute to be referred] to arbitration; and
[state briefly but specifically any other orders sought].
Accompanying documents
This summons is accompanied by these documents —
1. A copy of the arbitration agreement.
2. An affidavit stating the material facts on which this summons is based.
Notice to respondent
The Court will hear this summons, or make orders for the hearing of it —
on [date] at [time], or as soon after then as possible,
at the Supreme Court, David Malcolm Justice Centre, 28 Barrack Street, Perth.
If you or your lawyer do not attend, the Court may make orders in your absence and without further notice.
Serving this summons
*The time for serving this summons has been abridged to [date and time] by an order made by the Court on [date].
[Select one of these 3 options and delete the others.]
*It is intended to serve this summons on all other parties.
*It is intended to serve this summons on the following other parties:
[insert name of each party on whom summons is to be served].
*It is not intended to serve this summons on any party.
Applicant’s signature
[Name]
[Capacity, e.g. Defendant, Lawyer for plaintiff]
Date:
Applicant’s service details1
Footnotes to Form 14 —
* Delete the inapplicable.
1. The service details must comply with the RSC Order 71A rule 3.
15. Originating summons for issue of subpoena (WA Act s. 27A) (r. 17(1))
In the Supreme Court of Western Australia
Commercial and Managed Cases List
No.:
Originating summons for issue of subpoena
Subject of case
Commercial Arbitration Act 2012 s. 27A.
Arbitration agreement between [parties] dated [date].
Parties to case
[Name] Plaintiff
[Name] Defendant
Reason for this summons
The plaintiff is a party to the above arbitration agreement and, by this originating summons, applies for —
the issue of a subpoena under the Commercial Arbitration Act 2012 s. 27A to [identify person to whom subpoena will be addressed and type of subpoena]; and
[state briefly but specifically any other orders sought].
Accompanying documents
This summons is accompanied by these documents —
1. A draft subpoena in accordance with *Form 16/Form 17/ Form 18.
2. 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.
Notice to defendant1
The Court will hear this summons, or make orders for the conduct of this case —
on [date] at [time], or as soon after then as possible,
at the Supreme Court, David Malcolm Justice Centre, 28 Barrack Street, Perth.
If you or your lawyer do not attend, the Court may make orders in your absence and without further notice.
You must file a memorandum of appearance before attending Court or taking any other steps in this case.
Serving this summons
*The time for serving this summons has been abridged to [date and time] by an order made by the Court on [date].
[Select one of these 3 options and delete the others.]
*It is intended to serve this summons on all other parties.
*It is intended to serve this summons on the following other parties:
[insert name of each party on whom summons is to be served].
*It is not intended to serve this summons on any party.
Plaintiff’s service details2
*Name of lawyer:
*Address where lawyer conducts business:
Postal address for service of documents:
Email address:
Fax no.: Telephone no.:
Plaintiff’s signature
[Name]
[Capacity, e.g. Plaintiff, Lawyer for plaintiff]
Date:
Footnotes to Form 15 —
* Delete the inapplicable.
1. Memorandum of appearance. See the RSC Order 12 rule 2 and Schedule 2 Form 6.
2. The service details must comply with the RSC Order 71A rule 3.
16. Subpoena to give oral evidence to arbitral tribunal (WA Act s. 27A) (r. 17)
In the Supreme Court of Western Australia
General Division
No.:
Subpoena to give oral evidence to arbitral tribunal
Subject of case
Commercial Arbitration Act 2012 s. 27A.
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 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 8 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
Date, time and place at which you must attend and give oral evidence, 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.
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