Amendments

Amendments to  the Uniform Civil Procedure Rules 2005 have expanded Rule 7.3, which governs when leave of the court is required before issuing a subpoena.

In addition to existing requirements, leave is now also required if:

• A party to the proceedings has not entered an appearance, or
• There is no defendant in the proceedings.

These are in addition to the existing circumstances where leave is required:

• The party requesting the subpoena is not represented by a solicitor, or
• The subpoena relates to proceedings in the Small Claims Division of the Local Court.

For full details, refer to Rule 7.3 of the Uniform Civil Procedure Rules 2005

An application for leave to issue a subpoena as required by Rule 7.3 is to be made to the Court where the proceedings commenced under the existing processes for the Court for applications for leave to issue a subpoena.

The relevant Court’s registry may be contacted for guidance on the correct procedure to make an application for leave to issue a subpoena.”