Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered RegulationsRule 32A of Order 39 is repealed and the following rule substituted:
“32A Service of subpoenas
“(1) A subpoena in a proceeding must be served personally.
“(2) However, if the person to whom the subpoena is directed is a party and is represented by a solicitor in the proceeding, the subpoena may, with the solicitor's consent, be served on the person by leaving it at his or her address for service.
“(3) A subpoena is taken to be served personally on a medical expert if, at the place where the expert's practice is carried on—
(a) it is given to a person apparently engaged (whether as employee or otherwise) in the practice and apparently at least 16 years old; or
(b) if a person mentioned in paragraph (a) refuses to accept the subpoena—the subpoena is put down in the person's presence and the person is told of the nature of the subpoena.
“(4) If a subpoena requires a medical expert to attend to give evidence, it may be served later than 6 weeks before the date fixed for the hearing of the proceeding only if—
(a) the subpoena is a subpoena served in accordance with leave given under subrule (5); or
(b) the court otherwise orders.
“(5) If a medical expert to whom a notice has been delivered in accordance with rule 32B fails to attend the court on the date and at the time stated in the notice, the court may give leave for the service of a subpoena on the medical expert requiring the attendance of the medical expert.”.