sec.365FSubpoenas

### sec.365F Subpoenas An application for the issue of a subpoena under the International Arbitration Act 1974 (Cwlth) , section 23 (3) must be in the approved form. The application must be accompanied by— a draft subpoena in the approved form; and an affidavit stating the following— the names of the parties to the arbitration; the name of the arbitrator or the names of the arbitrators constituting the arbitral tribunal conducting the arbitration; the place where the arbitration is being conducted; the nature of the arbitration; the terms of the permission given by the arbitral tribunal for the application; the conduct money, if appropriate, to be paid to the person to whom the subpoena is directed (the addressee ); the witness expenses payable to the addressee. The court may— fix an amount that represents the reasonable loss and expense the addressee will incur in complying with the subpoena; and direct that the amount be paid by the applicant to the addressee before or after the addressee complies with the subpoena. An amount fixed under subrule (3) may be in addition to any conduct money or witness expenses mentioned in subrule (2) (b) . A subpoena must be in the approved form. A person served with a subpoena must comply with the subpoena in accordance with its terms. Chapter 11 , part 4 applies, as far as practicable, to a subpoena mentioned in this rule. r 365F ins 2019 SL No. 49 s 3 (sec.365F-ssec.1) An application for the issue of a subpoena under the International Arbitration Act 1974 (Cwlth) , section 23 (3) must be in the approved form. (sec.365F-ssec.2) The application must be accompanied by— a draft subpoena in the approved form; and an affidavit stating the following— the names of the parties to the arbitration; the name of the arbitrator or the names of the arbitrators constituting the arbitral tribunal conducting the arbitration; the place where the arbitration is being conducted; the nature of the arbitration; the terms of the permission given by the arbitral tribunal for the application; the conduct money, if appropriate, to be paid to the person to whom the subpoena is directed (the addressee ); the witness expenses payable to the addressee. (sec.365F-ssec.3) The court may— fix an amount that represents the reasonable loss and expense the addressee will incur in complying with the subpoena; and direct that the amount be paid by the applicant to the addressee before or after the addressee complies with the subpoena. (sec.365F-ssec.4) An amount fixed under subrule (3) may be in addition to any conduct money or witness expenses mentioned in subrule (2) (b) . (sec.365F-ssec.5) A subpoena must be in the approved form. (sec.365F-ssec.6) A person served with a subpoena must comply with the subpoena in accordance with its terms. (sec.365F-ssec.7) Chapter 11 , part 4 applies, as far as practicable, to a subpoena mentioned in this rule. - (a) a draft subpoena in the approved form; and - (b) an affidavit stating the following— (i) the names of the parties to the arbitration; (ii) the name of the arbitrator or the names of the arbitrators constituting the arbitral tribunal conducting the arbitration; (iii) the place where the arbitration is being conducted; (iv) the nature of the arbitration; (v) the terms of the permission given by the arbitral tribunal for the application; (vi) the conduct money, if appropriate, to be paid to the person to whom the subpoena is directed (the addressee ); (vii) the witness expenses payable to the addressee. - (i) the names of the parties to the arbitration; - (ii) the name of the arbitrator or the names of the arbitrators constituting the arbitral tribunal conducting the arbitration; - (iii) the place where the arbitration is being conducted; - (iv) the nature of the arbitration; - (v) the terms of the permission given by the arbitral tribunal for the application; - (vi) the conduct money, if appropriate, to be paid to the person to whom the subpoena is directed (the addressee ); - (vii) the witness expenses payable to the addressee. - (i) the names of the parties to the arbitration; - (ii) the name of the arbitrator or the names of the arbitrators constituting the arbitral tribunal conducting the arbitration; - (iii) the place where the arbitration is being conducted; - (iv) the nature of the arbitration; - (v) the terms of the permission given by the arbitral tribunal for the application; - (vi) the conduct money, if appropriate, to be paid to the person to whom the subpoena is directed (the addressee ); - (vii) the witness expenses payable to the addressee. - (a) fix an amount that represents the reasonable loss and expense the addressee will incur in complying with the subpoena; and - (b) direct that the amount be paid by the applicant to the addressee before or after the addressee complies with the subpoena.