Notices to practitioners issued
by the NSW District Registrar
Amended Subpoena Rules –
Leave to Issue Subpoenas (2004/3)
From 1 March 2004 a new Order 27 of
the Federal Court Rules comes into effect relating to
the issue of subpoenas. Order 27A deals with the leave
requirements for a subpoena to be issued under Order 27.
Order 27A provides that subpoenas will
only be issued with the leave of the Court or a Judge.
Leave may be given generally or in relation to a particular
subpoena or subpoenas and subject to conditions.
An application for leave may be made
without notice and decided by the Court or a Judge sitting
in Chambers (in the absence of the named person or other
parties).
A party seeking leave should do so
at the next appropriate Court sitting. Where this is not
convenient, the party should present to the Registry the
draft subpoena(s) or, where general leave is being sought,
a letter to that effect, in either case together with
an affidavit in support.
