532Witness summonses

532 Witness summonses (1) The Family Division (on the application of a party or without that application) or a registrar may issue the following witness summonses— (a) summons to give evidence; (b) summons to produce documents or things; (c) summons to give evidence and produce documents or things. (2) Any party to a proceeding in the Family Division may apply for the issue of a witness summons. (3) A witness summons may be directed to any person who appears to the Court or registrar issuing the summons to be likely— (a) to be able to give material evidence for any party to the proceeding or the Court; or (b) to have in the person's possession or control any documents or things which may be relevant on the hearing of the proceeding; or (c) both to be able to give material evidence and to have in the person's possession or control any relevant documents or things. (4) A witness summons must require the person to whom it is directed to attend at a specified venue of the Court on a certain date and at a certain time— (a) to give evidence in the proceeding; or (b) to produce for examination at the hearing any documents or things described in the summons that are in the person's possession or control; or (c) both to give evidence and produce for examination any documents or things described in the summons that are in the person's possession or control. (5) A witness summons must be served on a person a reasonable time before the return date by— S. 532(5)(a) amended by No. 11/2021 s. 40. (a) delivering a copy of the summons to the person personally; or S. 532(5)(b) amended by No. 11/2021 s. 40. (b) leaving a copy of the summons for the person at the person's last or most usual place of residence or of business with a person who apparently resides or works there and who apparently is not less than 16 years of age. S. 532(6) amended by No. 6/2018 s. 68(Sch. 2 item 20.7). (6) If it appears to the Court, by evidence on oath or by affirmation or by affidavit, that service cannot be promptly effected, the Court may make an order for substituted service. (7) If the person to be served with the witness summons is a company or registered body (withinthe meaning of the Corporations Act), thesummons may be served on that person in accordance with section 109X or 601CX of that Act, as the case requires. (8) A person to whom a witness summons is directed is, subject to subsection (9), excused from complying with the summons unless conduct money is given or tendered to the person at the time of service of the summons or a reasonable time before the return date. (9) It is not necessary to give or tender conduct money to a person to whom a witness summons is directed if the person will not reasonably incur any expenses in complying with the summons. S. 532(10) amended by No. 26/2023 s. 50(1). (10) Unless the Court or the registrar issuing the summons otherwise directs, a summons to produce documents or things or a summons to give evidence and produce documents or things permits the person to whom the summons is directed, instead of producing the document or thing at the hearing, to produce it, together with a copy of the summons, to the Court not later than 2 days before the first day on which production is required. S. 532(11) substituted by No. 26/2023 s. 50(2). (11) If requested to do so, the Court must give a receipt to a person who produces a document or thing to the Court under subsection (10). S. 532(12) amended by No. 26/2023 s. 50(3). (12) The production of a document or thing to the Court under subsection (10) in answer to a summons to give evidence and produce documents or things does not remove the requirement on the person to whom the summons is directed to attend for the purpose of giving evidence. (13) The Court may direct that a witness who has attended before the Court in answer to a witness summons is entitled to receive from the party who applied for the issue of the witness summons conduct money for each day of attendance. (14) Nothing in this section— S. 532(14)(a) repealed by No. 69/2009 s. 54(Sch. Pt 1 item 7.7). (b) derogates from the power of the Court to certify that a witness be paid his or her expenses of attending before the Court.