Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations“1. (1) In this Part—
“(2) Unless the contrary intention appears, an expression that is used in this Part and in the Act has the same meaning in this Part as in the Act.
“(3) In this Part, a reference to a form by number is to be read as a reference to the form so numbered in Schedule 13B.
“1. An application for leave to serve a subpoena in New Zealand shall be—
(a) if the subpoena was issued by the Court in proceedings—by motion in the proceedings; or
(b) if the subpoena was issued by the Magistrates Court—by originating motion in the Court.
“2. An application referred to in rule 1 shall be supported by an affidavit to which is annexed a copy of the subpoena and stating—
(a) the name, designation or occupation, and address, of the person named and, if an individual, whether he or she is over 18 years of age;
(b) the nature and significance of the evidence required from, or of the document or thing required to be produced by, the person named;
(c) details of the steps taken to ascertain whether the evidence, document or thing could be obtained by other means without significantly greater expense, and with less inconvenience, to the person named;
(d) the date by which it is intended to serve the subpoena;
(e) details of—
(i) the calculation of the amount sufficient to compensate the person named for expense or loss reasonably incurred in complying with the subpoena; and
(ii) how that amount (whether as money or otherwise) is to be paid to the person named;
(f) in the case of a subpoena to give evidence—an estimate of the time that will be required for the person named to attend for that purpose; and
(g) details of any facts or circumstances known to the deponent which may provide cause for the subpoena to be set aside under subsection 14 (2) or (3) of the Act.
“3. A motion referred to in rule 1 shall be heard ex parte .
“4. Before granting leave to serve a subpoena in New Zealand, the Court may require the applicant to undertake to compensate the person named (not being a party to the proceedings in which the subpoena was issued) for any expense or loss reasonably incurred in complying with the subpoena.
“5. A document filed relating to an application referred to in rule 1 is not to be searched, inspected or copied, other than by a party to the proceedings in which the subpoena was issued or by the person named, without leave of the Court.
“1. (1) A certificate under section 16 of the Act in accordance with Form 1 may be issued of the Court's own motion or on the application of a party to the proceedings in which the subpoena was issued.
“(2) A certificate shall be under the seal of the Court.
“2. An application for the issue of a certificate under section 16 of the Act may be—
(a) in the proceedings in which the subpoena was issued—made orally; or
(b) by motion;
and shall be accompanied by a draft certificate.
“3. A motion referred to in rule 2 shall be supported by—
(a) an affidavit of service of the subpoena and of the order and notice referred to in subsection 10 (3) of the Act; and
(b) an affidavit stating—
(i) particulars of the order giving leave to serve the subpoena;
(ii) whether an application was made for the subpoena to be set aside and, if so, particulars of the application and any consequential orders made; and
(iii) that the subpoena was not complied with.
“1. (1) An application under section 13 of the Act shall be made by affidavit stating the facts and grounds on which the application is based.
“(2) The affidavit shall—
(a) be headed with the heading appearing on the copy of the order giving leave to serve the subpoena;
(b) state the address, telephone number and, if applicable, the fax number, of the applicant; and
(c) be filed by lodgment or by fax.
“(3) If an affidavit filed by fax is clear and legible, the Registrar shall acknowledge, by fax, having received a copy of the affidavit.
“2. The Registrar shall cause a copy of an affidavit referred to in rule 1 to be served, by post or by fax, on the party who obtained leave for the subpoena to be served in New Zealand.
“3. An application under section 13 of the Act shall be determined at a time and place and in a manner directed by the Court.
“4. An objection under subsection 14 (4) of the Act shall be made by filing a notice in accordance with Form 2 not later than 7 days after—
(a) if the objection is by the applicant for the subpoena to be set aside—the date on which the application was filed; or
(b) if the objection is by the party who obtained leave to serve the subpoena in New Zealand—the date on which the application was served on that party.
“5. A request under subsection 14 (6) of the Act that is not made in the application for the subpoena to be set aside shall be made by filing a notice in accordance with Form 3.
“1. An application for a direction under section 25 of the Act may be made orally or by motion on notice in the proceedings.
“2. An application referred to in rule 1 shall be supported by an affidavit stating—
(a) the reasons why it is desirable that the evidence be taken or submissions made by video link or telephone from New Zealand;
(b) the nature of any evidence to be taken;
(c) the number of any witnesses to be examined;
(d) whether issues of character are likely to be raised;
(e) the expected duration of any such evidence or submissions;
(f) a description of the facilities that are available, or that can reasonably be made available, for the evidence to be taken or the submissions to be made; and
(g) that the requirements of section 26 or 27, as the case requires, of the Act can be satisfied.
“3. In deciding whether to grant an application referred to in rule 1 , the Court may have regard to, in addition to the matters set out in the applicant's affidavit, any other matters that the Court considers to be material, including cost and convenience to the witnesses and parties.
“4. (1) If the Court gives a direction under section 25 of the Act, the Court may direct the Registrar to arrange for and coordinate the use of the appropriate facilities in Australia and New Zealand.
“(2) Without limiting the generality of subrule (1), the Court may direct that—
(a) the Registrar arrange for the evidence to be given, or the submissions to be made, at the High Court of New Zealand or at another place approved by that court for the purpose; and
(b) an officer of the High Court of New Zealand or another person approved by that court for the purpose be requested to be present to assist in the transmission of the evidence or submissions and, in particular, to—
(i) introduce witnesses or legal representatives;
(ii) assist with the administration of oaths, if necessary; and
(iii) assist with the implementation of any directions given or requests made by the Judge hearing the proceedings.
“1. For the purpose of proceedings in the Court, Part 6 of the Act applies in relation to a fax of a document in the same way as it applies in relation to the original of the document (whether or not that original is itself a copy or an extract of a document).
“2. If a fax of a document is adduced in evidence under rule 1, the party adducing that evidence shall file a copy of the fax on paper of durable quality measuring approximately 297 mm long by 210 mm wide on which the writing is permanent, unless the fax meets those specifications.”.