Australian Capital Territory Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Download] [Help]

SUPREME COURT RULES (AMENDMENT) (NO. 44 OF 1995) - REG 6

6. After Schedule 13A to the Principal Rules the following Schedule is inserted:

SCHEDULE 13B
MATTERS ARISING UNDER THE EVIDENCE AND PROCEDURE (NEW ZEALAND) ACT 1994 OF THE COMMONWEALTH

    FORM 1             O. 80E r. 1

    CERTIFICATE OF NON-COMPLIANCE WITH SUBPOENA

IN THE SUPREME COURT OF
THE AUSTRALIAN CAPITAL
TERRITORY

No. of 19 .

    Between

Plaintiff/Appellant

    and

Defendant/Respondent

To: THE HIGH COURT OF NEW ZEALAND

IT IS HEREBY CERTIFIED that—

        (a)     leave to serve in New Zealand a subpoena issued by the Supreme Court of the Australian Capital Territory was given under section 9 of the Evidence and Procedure (New Zealand) Act 1994 of Australia by a Judge of the Court on ( date of leave ); and

        (b)     the person named failed to comply with the subpoena.

Accordingly the Court respectfully requests you to exercise your powers under section 16 of the Evidence Amendment Act 1994 of New Zealand.

A copy of the subpoena and a copy of the order giving leave to serve it in New Zealand are annexed to this certificate.

*No application for the subpoena to be set aside in whole or in part has been made.

*An application for the subpoena to be set aside in whole or in part was dismissed by order made on ( date ). A copy of the order is annexed to this certificate.

        *( Delete whichever is inapplicable )

Date:

                            By the Court

                    (signature of Registrar and seal of Court)

    FORM 2     O. 80F r. 4

    OBJECTION TO DETERMINATION OF APPLICATION FOR SUBPOENA TO BE SET ASIDE WITHOUT HEARING

(Heading as in Form 1)

The ( identify person as the applicant or the party who obtained leave to serve the subpoena in New Zealand ) objects to the application for the subpoena ( identify subpoena ) to be set aside being determined without a hearing.

Date:

                (signature of applicant or applicant's solicitor)

    FORM 3     O. 80F r. 5

    REQUEST FOR HEARING BY VIDEO LINK OR TELEPHONE

(Heading as in Form 1)

The applicant requests that the hearing of the application for the subpoena ( identify subpoena ) to be set aside be held by video link or telephone.

Date:

                (signature of applicant or applicant's solicitor)


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback