Subpoenas [2005] NSWLC 5

Local Court of New South Wales

CITATION: Subpoenas [2005] NSWLC 5 JURISDICTION: PARTIES: FILE NUMBER: PLACE OF HEARING: DATE OF DECISION: 04/14/2005 MAGISTRATE: Magistrate CATCHWORDS: Subpoenas - Requirement for conduct money - Procedure involved in having a 3rd party bring documents into court - Application to set aside subpoena - Need to show legitimate forensic purpose - Client legal privilege - legal profession privilege - Sexual Assualt Communications Privilege - Religious Confessions - Self Incrimination Privilege - Public Interest Immunity - matters of state - Police informers - Settlement Negotiations Uniform Civil Procedure Rules Criminal Procedure Act LEGISLATION CITED: Children (Care & Protection) Act 1998 s 133 Evidence Act s 132 Evidence Act - obligation of the Court CASES CITED: REPRESENTATION: ORDERS:

SUBPOENAS

[1] Introduction [2] Part 33 Uniform Civil Procedure Rules [13] Criminal Procedure Act [18] Children – (Care & Protection) Act 1998 [19] Requirement for conduct money [25] Procedure involved in having a 3rd party bring documents into court [30] Application to set aside a subpoena [39] Court to inspect documents to determine question – s. 133 Evidence Act [40] Need to show legitimate forensic purpose [46] Client legal privilege – legal professional privilege [55] Professional Confidential Relationship Privilege [59] Sexual Assault Communications Privilege [63] Assistance in statutory interpretation [70] Religious Confessions [72] Self Incrimination Privilege [79] Public Interest Immunity – matters of state [85] Police informers [92] Settlement Negotiations [98] Section 132 Evidence Act – obligation of the Court