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 as required by the subpoena is handed or tendered to you a reasonable time before the date your attendance is required.
Applications in relation to subpoena
5. 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
6. 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
7. Failure to comply with a subpoena without lawful excuse is a contempt of court and may be dealt with accordingly.
8. Note 7 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.
17. Subpoena to produce documents to arbitral tribunal (WA Act s. 27A) (r. 17)
In the Supreme Court of Western Australia
General Division
No.:
Subpoena to produce documents 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 produce this subpoena or a copy of it and the documents specified in the schedule of documents.
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
You must comply with this subpoena —
by attending to produce this subpoena or a copy of it and the documents specified in the schedule of documents below at the date, time and place specified for attendance and production; or
by delivering or sending this subpoena or a copy of it and the documents specified in the schedule of documents below to the arbitral tribunal at the address below, or if there is more than one address below, at any one of those addresses, so that they are received not less than 2 clear business days before the date specified for attendance and production. (See Notes 5 to 12).
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.]
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