Date:

01/30/2008

Subpoena Lists and practices - New procedure as of Tuesday, 29 January 2008


These changes apply to all Divisions of the Court and to any matters relating to Subpoenas, Notices to Produce and Orders for Production returnable at Court. These measures are introduced to reduce delays and the cost of litigation.

A Return of Subpoena List will be held at 9am each Monday, Tuesday, Thursday and Friday before a Senior Deputy Registrar dedicated to Subpoenas (The Subpoena Registrar). This list will operate similarly to the current Return of Subpoena List. The list will commence with the call for any documents produced in court to be handed up. This will be followed by referral of appropriate matters to a Duty Judge (such as applications for contempt). Then the Subpoena Registrar will call through any contested applications and other matters needing to be brought to the Registrar’s attention, such as short adjournments. Some contested applications may need to be stood down to the Subpoena Directions List. The list will conclude when the general access order is made.

A Subpoena Directions List will be held each Tuesday, Thursday and Friday at 9.30am before the Subpoena Registrar. The Subpoena Directions List will commence immediately after the Return of Subpoena List.

Any interlocutory application (eg. to set aside subpoena/ notice to produce/ order for production, contested access, contested privilege claim, applications to access files produced by other courts or Tribunals etc.) will be made returnable in the Subpoena Directions List.

Wherever possible, short applications will be dealt with on the first return date. It may be necessary to stand longer matters over to specially fixed dates. In general these matters will be listed at 11am or 2pm on a Tuesday, Thursday or Friday either on the first return date or the next date available. Parties should be prepared to have the matter heard on the date the matter is first listed.

A computer printout of all documents produced to the court, to date, in answer to subpoenas, notices to produce and orders for production will be made available at the Exhibits counter of the Supreme Court Registry (Level 5) by 3pm on the day before the return date. An updated list will be available before 9am in court the following day.

Please note that matters which have already been specially fixed before the Equity and Common Law Registrars will remain in those lists. The current Wednesday Return of Subpoena List will cease operation after 27 February 2008. A Practice Note will be released shortly.