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Reasonable conduct money

in issuing a subpoena

Morning all

Im a relatively new member, though I've been perusing the site for some time now.

I humbly request your replies in this matter. I'll only briefly touch on it as I'm short on time atm.

I'm a respondent SRL in a parenting and child support matter. I requested several subpoenas and had them granted by the registrar which was great. But since then I've only encountered one hiccup after another, all from the other party's camp of course. The latest issue is what I consider to be an excessive request of conduct money for the production of documents. This person is demanding close to $500, citing fees for legal advice, collating of documents, photocopying etc.

Are there any measures in place to prevent this sort of thing and if so what are they? How do I respond to such a request and are there any avenues of complaint/appeal?

Thanks in advance,

W
waradathea said
Morning all

Im a relatively new member, though I've been perusing the site for some time now.

I humbly request your replies in this matter. I'll only briefly touch on it as I'm short on time atm.

I'm a respondent SRL in a parenting and child support matter. I requested several subpoenas and had them granted by the registrar which was great. But since then I've only encountered one hiccup after another, all from the other party's camp of course. The latest issue is what I consider to be an excessive request of conduct money for the production of documents. This person is demanding close to $500, citing fees for legal advice, collating of documents, photocopying etc.

Are there any measures in place to prevent this sort of thing and if so what are they? How do I respond to such a request and are there any avenues of complaint/appeal?

Thanks in advance,

W
  I hope this helps

CONDUCT MONEY AND WITNESS FEES
You are required to pay conduct money to the named person. If you do not provide this money, the named person is not required to comply with the subpoena. For a subpoena for production, you must give the named person:

Conduct money sufficient to meet the reasonable expenses of complying with the subpoena. For example, the cost of identifying, copying and collating the documents required. This will be at least the minimum amount of $10 or such other sum as agreed or ordered. 

For a subpoena to give evidence or a subpoena to give evidence and produce documents, the conduct money covers:
Return travel by public transport from the person's place of work or residence to court, and
A reasonable allowance for accommodation and meals during the estimated time of personal attendance at the hearing or trial. 

You must also pay witness fees for each person you subpoena to attend court, as follows:
All witnesses: $75 for each day, or part of a day, that the person is absent from their place of employment or residence, in order to meet the requirements of your subpoena.

Expert witnesses: such further amount as agreed or the Court allows. 

Note If a person incurs a substantial loss or expense greater than the set conduct money or witness fee, a court may order that the issuing party reimburse these expenses.

taken from here

thanks

They must find it difficult, those who have taken authority as the truth, rather than truth as the authority

The complete document can be downloaded from

www.familylawcourts.gov.au/wps/wcm/resources/file/eb70554012
89349/

I have a similiar question and it is.  If I subpoena my x or the x's bank\s  to produce bank statements for certain periods do I have to pay to have those documents produced.  We have Consent Orders in place but I did not find out about the bank accounts until after the Orders were consented to.  I am thinking of having the orders put aside because of non-discloure, the x should have produced the documents in the financial statement.

Thanks in advance
Thanks for that, though the information is quite vague. For example, if the conduct money  ordered by the subpoenaed party is excessive, what can I do? I believe they are asking for an unreasonable amount to avoid having to comply. Asking me to pay for legal advice they sought doesn't sound right to me. It just seems like there should be measures in place to prevent this sort of abuse of the process from happening.
ILG,
If you have subpoenaed documents then you will be liable for the fees, i don't know what  fees  the banks request, DoCs are $55, optus and telstra around the same.

I know that in the FMC you can file a 'Notice to Admit Facts', this may circumvent the need for subpoenas.

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