sec.123FApplication for issue of certificate of noncompliance with attendance notice

sec.123F Application for issue of certificate of noncompliance with attendance notice

A party to a proceeding may apply to the court that issued an attendance notice for a certificate mentioned in the Trans-Tasman Proceedings Act , section 38 (a certificate of noncompliance ). The application may be made— if the proceeding in which the attendance notice was issued is before the court—orally to the court; or by filing the application. The application must be accompanied by— a copy of the attendance notice; and a copy of the order giving leave to serve the attendance notice; and an affidavit of service of the attendance notice; and a further affidavit stating the following— whether any application was made to set aside the attendance notice; the material in support of an application mentioned in subparagraph (i) ; any order that disposed of an application mentioned in subparagraph (i) ; the material facts relied on for the issue of the certificate of noncompliance. A certificate of noncompliance is to be stamped by the registrar with the seal of the court. r 123F ins 2013 SL No. 98 s 3 (sec.123F-ssec.1) A party to a proceeding may apply to the court that issued an attendance notice for a certificate mentioned in the Trans-Tasman Proceedings Act , section 38 (a certificate of noncompliance ). (sec.123F-ssec.2) The application may be made— if the proceeding in which the attendance notice was issued is before the court—orally to the court; or by filing the application. (sec.123F-ssec.3) The application must be accompanied by— a copy of the attendance notice; and a copy of the order giving leave to serve the attendance notice; and an affidavit of service of the attendance notice; and a further affidavit stating the following— whether any application was made to set aside the attendance notice; the material in support of an application mentioned in subparagraph (i) ; any order that disposed of an application mentioned in subparagraph (i) ; the material facts relied on for the issue of the certificate of noncompliance. A certificate of noncompliance is to be stamped by the registrar with the seal of the court.

• (a) if the proceeding in which the attendance notice was issued is before the court—orally to the court; or
• (b) by filing the application.
• (a) a copy of the attendance notice; and
• (b) a copy of the order giving leave to serve the attendance notice; and
• (c) an affidavit of service of the attendance notice; and
• (d) a further affidavit stating the following— (i) whether any application was made to set aside the attendance notice; (ii) the material in support of an application mentioned in subparagraph (i) ; (iii) any order that disposed of an application mentioned in subparagraph (i) ; (iv) the material facts relied on for the issue of the certificate of noncompliance.