Commonwealth Numbered Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 6.35

             (1)  This rule applies if:

                     (a)  a subpoena is addressed to a person who is not a party to the proceeding; and

                     (b)  before complying with the subpoena, the person subpoenaed has given the issuing party notice that substantial loss or expense would be incurred in properly complying with the subpoena, including a particularised estimate of the loss or expense; and

                     (c)  the court is satisfied that substantial loss or expense is incurred in properly complying with the subpoena.

             (2)  Unless the court otherwise directs, the amount of the loss or expense estimated under paragraph (1)(b) is payable by the issuing party.

             (3)  The court may fix the amount payable having regard to the scale of fees and allowances payable to witnesses in the Supreme Court of the State or Territory where the person is required to attend.

             (4)  The amount payable is in addition to any conduct money paid.

             (5)  If a party who is to pay an amount under this rule obtains an order for the costs of the proceeding, the court may:

                     (a)  allow the amount to be included in the costs recoverable; or

                     (b)  make any other order it thinks appropriate.