Australian Capital Territory Numbered Regulations

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SUPREME COURT RULES (AMENDMENT) (NO. 22 OF 1996) - REG 6

6. The First Schedule to the Principal Rules is amended—

    (a)     by inserting in the second note in Form 45 “ of the Supreme Court Rules ” after “ Order 39 subrule 27 (3) ”;

    (b)     by inserting in Form 45, after the second note, the following note:

        Note that any questions relating to the requirements of this subpoena should be addressed to ( name of party who requested the issue of the subpoena, or that party's solicitor ) and not to the Court. ;

    (c)     by omitting from the heading to Form 46 “ FOR PRODUCTION ” and substituting “ TO PRODUCE ”;

    (d)     by omitting from subparagraph (c) (ii) of Form 46 “ if you are not a party to these proceedings, ”;

    (e)     by omitting from subparagraph (c) (iii) of Form 46 “ the following legislation, namely ( insert reference to the legislation in force in the Territory enabling alternative mode of proof of entries in banker's books ) ” and “ that legislation ” and substituting “ section 48 of the Evidence Act 1995 of the Commonwealth ” and “ that Act ” respectively;

    (f)     by omitting from the first note in Form 46 “ or in the case of a corporation an order of sequestration may be made ”;

    (g)     by inserting in the second note in Form 46 “ of the Supreme Court Rules ” after “ Order 39 subrule 27 (3) ”;

    (h)     by inserting in Form 46, after the third note, the following notes:

        “ Note that documents and things produced by you in accordance with this subpoena may be returned by post to you at the above address but you may in writing on or attached to this subpoena request that they be posted to you at another address given by you or that you be informed when they are available for collection.

        “ Note that any questions relating to the requirements of this subpoena should be addressed to ( name of party who requested the issue of the subpoena, or that party's solicitor ) and not to the Court. ”;

    (i)     by omitting from the heading to Form 47 “ FOR PRODUCTION ” and substituting “ TO PRODUCE ”;

    (j)     by omitting from subparagraph (iii) (C) of Form 47 “ the following legislation, namely ( insert reference to the legislation in force in the Territory enabling alternative mode of proof of entries in banker's books ) ” and “ that legislation ” and substituting “ section 48 of the Evidence Act 1995 of the Commonwealth ” and “ that Act ” respectively;

    (k)     by omitting from paragraph (3) of the first note in Form 47 all the words after “ subpoena should be ” and substituting “ addressed to ( name of party who requested the issue of the subpoena, or that party's solicitor ) and not to the Court ”;

    (l)     by inserting in the second note in Form 47 “ of the Supreme Court Rules ” after “ Order 39 subrule 27 (3) ”;

    (m)     by omitting from the heading to Form 48 “ FOR PRODUCTION ” and substituting “ TO PRODUCE ”;

    (n)     by omitting from subparagraph (c) (ii) of Form 48 “ if you are not a party to the proceedings, ”;

    (o)     by omitting from subparagraph (c) (iii) of Form 48 “ ( insert reference to the legislation in force in the Territory enabling alternative mode of proof of entries in banker's books ) ” and “ that legislation ” and substituting “ section 48 of the Evidence Act 1995 of the Commonwealth ” and “ that Act ” respectively;

    (p)     by inserting in the second note in Form 48 “ of the Supreme Court Rules ” after “ Order 39 subrule 27 (3) ”; and

    (q)     by inserting in Form 48, after the third note, the following note:

        “ Note that if you produce the documents and things to the Registrar you are still required to attend for the purpose of giving evidence .”.

Third Schedule



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