Supreme Court Rules 1937—Form 5.1
(see o 83 r 8)
Certificate of noncompliance with subpoena

In the Supreme Court of the Australian Capital Territory

No		of (year)

Evidence and Procedure (New Zealand) Act 1994 (Cwlth)

(name)
Plaintiff/Appellant

(name)
Defendant/Respondent

To:	The High Court of New Zealand

It is hereby certified that—
(a)	leave to serve in New Zealand a subpoena issued by the Supreme Court of the Australian Capital Territory was given under the Evidence and Procedure (New Zealand) Act 1994 of Australia, section 9 by a Judge of the Court on (date of leave); and
(b)	the person named failed to comply with the subpoena.

Accordingly the Court respectfully requests you to exercise your powers under the Evidence Amendment Act 1994 of New Zealand, section 16.
A copy of the subpoena and a copy of the order giving leave to serve it in New Zealand are annexed to this certificate.

*No application for the subpoena to be set aside in whole or in part has been made.

*An application for the subpoena to be set aside in whole or in part was dismissed by order made on (date).  A copy of the order is annexed to this certificate.

*(Delete whichever is inapplicable)

Date:
By the Court
(Signature of Registrar and seal of Court)

Endnote
1	This form was originally in the Supreme Court Rules 1937.  Under the Court Procedures Act 2004 A2004-59, pt 8, the form became a form approved under that Act. 

©  Australian Capital Territory 2005