sec.100When court may order costs for non-participant complying with subpoena

sec.100 When court may order costs for non-participant complying with subpoena

This rule applies if a subpoena requires a non-participant in a proceeding to attend court to give evidence in the proceeding or produce a stated document or thing. State non-participants are not entitled to receive conduct money to meet the expenses of complying with the subpoena. The court may order the party on whose behalf the subpoena was issued to pay a non-participant (other than a State non-participant) the following costs— a travelling allowance; an accommodation allowance; an attendance allowance; the losses and expenses, including legal costs, incurred by the non-participant in complying with the subpoena. The court may make an order under subrule (3) only if— before complying with the subpoena, the non-participant gives the issuing party notice that substantial costs would be incurred in properly complying with the subpoena, including an estimate of the costs; and the court considers— substantial costs have been or would be incurred by the non-participant in complying with the subpoena; and it is reasonable in the circumstances to make the order. The court may fix the amount payable under subrule (3) (d) having regard to— the costs incurred by the non-participant; and the amount to be paid to the non-participant under subrule (3) (a) to (c) ; and the scale of costs under— if the court is constituted by a Childrens Court judge or a District Court judge—the Uniform Civil Procedure Rules 1999 , schedule 1 ; or otherwise—the Uniform Civil Procedure Rules 1999 , schedule 2 , part 1 and part 2 , column A. An order under this rule must be made before— the application starting the proceeding is withdrawn; or an order is made finally deciding the proceeding at first instance. In this rule— accommodation allowance means the amount payable to a relevant person under the Uniform Civil Procedure (Fees) Regulation 2009 , part 4 as an accommodation allowance. attendance allowance means the amount payable to a relevant person under the Uniform Civil Procedure (Fees) Regulation 2009 , part 4 as an attendance allowance. relevant person see the Uniform Civil Procedure (Fees) Regulation 2009 , section 11 . State non-participant means any of the following non-participants— a public service employee or other employee of the State in the employee’s official capacity; the State or an entity of the State. travelling allowance means— for a person who travelled by air—the amount payable for the cheapest economy class airfare available on the day the person was required to travel by air to and from the court; or for a person who travelled another way—the amount payable to a relevant person under the Uniform Civil Procedure (Fees) Regulation 2009 , part 4 as a travelling allowance. r 100 amd 2018 SL No. 127 s 3 (sec.100-ssec.1) This rule applies if a subpoena requires a non-participant in a proceeding to attend court to give evidence in the proceeding or produce a stated document or thing. (sec.100-ssec.2) State non-participants are not entitled to receive conduct money to meet the expenses of complying with the subpoena. (sec.100-ssec.3) The court may order the party on whose behalf the subpoena was issued to pay a non-participant (other than a State non-participant) the following costs— a travelling allowance; an accommodation allowance; an attendance allowance; the losses and expenses, including legal costs, incurred by the non-participant in complying with the subpoena. (sec.100-ssec.4) The court may make an order under subrule (3) only if— before complying with the subpoena, the non-participant gives the issuing party notice that substantial costs would be incurred in properly complying with the subpoena, including an estimate of the costs; and the court considers— substantial costs have been or would be incurred by the non-participant in complying with the subpoena; and it is reasonable in the circumstances to make the order. (sec.100-ssec.5) The court may fix the amount payable under subrule (3) (d) having regard to— the costs incurred by the non-participant; and the amount to be paid to the non-participant under subrule (3) (a) to (c) ; and the scale of costs under— if the court is constituted by a Childrens Court judge or a District Court judge—the Uniform Civil Procedure Rules 1999 , schedule 1 ; or otherwise—the Uniform Civil Procedure Rules 1999 , schedule 2 , part 1 and part 2 , column A. (sec.100-ssec.6) An order under this rule must be made before— the application starting the proceeding is withdrawn; or an order is made finally deciding the proceeding at first instance. (sec.100-ssec.7) In this rule— accommodation allowance means the amount payable to a relevant person under the Uniform Civil Procedure (Fees) Regulation 2009 , part 4 as an accommodation allowance. attendance allowance means the amount payable to a relevant person under the Uniform Civil Procedure (Fees) Regulation 2009 , part 4 as an attendance allowance. relevant person see the Uniform Civil Procedure (Fees) Regulation 2009 , section 11 . State non-participant means any of the following non-participants— a public service employee or other employee of the State in the employee’s official capacity; the State or an entity of the State. travelling allowance means— for a person who travelled by air—the amount payable for the cheapest economy class airfare available on the day the person was required to travel by air to and from the court; or for a person who travelled another way—the amount payable to a relevant person under the Uniform Civil Procedure (Fees) Regulation 2009 , part 4 as a travelling allowance.