Guidelines to parties
issuing Subpoena/Summons to Produce to Council where Council is a not a party to the proceedings
The information below is provided as a
guide to those parties contemplating the issue of a Subpoena/Summons to Produce to
Council where Council is not a party to the proceedings.
Conduct Money
Before a Court will act to enforce a
subpoena/summons, the party requesting the production of documents must tender an
appropriate amount of "conduct money". As a non- party to the proceedings, Council
is entitled to be paid for its loss and expense in complying with a Subpoena/Summons to
Produce. The amount tendered must cover
the "reasonable expenses" that might be incurred in searching for and
producing the documents to the Court.
Council’s adopted Fees and Charges prescribes an hourly fee for
staff time spent dealing with a Subpoena/Summons to Produce, copying charges and
courier/postage fee.
Conduct money of $120 is to be paid to
Council at the time the Subpoena/Summons to Produce is served and represents the first
2 hours of staff time to deal with a Subpoena/Summons to Produce. If the correct conduct money is not tendered
when a subpoena/summons is served, Council will seek payment of the balance due after
service of the Subpoena/Summons to Produce is accepted.
A letter is dispatched to the
requesting party on acceptance of a Subpoena/Summons to Produce to advise of Council’s charge
rates and fees.
A tax invoice will be issued to the
requesting party if there is any outstanding conduct money, processing fee or
charges. An itemised list of the
relevant rates and charges will accompany the tax invoice.
Cheques should be made payable to
"Coffs Harbour City Council".
Council suggests that an issuing party
should carefully consider the scope of a Subpoena/Summons to Produce where significant
resources would be required to be committed by Council in order to comply.
Adequate notice be
given to Council
Council appreciates being given adequate
notice in order to respond to a Subpoena/Summons to Produce. A Subpoena/Summons to Produce usually specifies that
the information should be lodged at the relevant court with at least 2 clear
days before the production/return date. Ideally,
a Subpoena/Summons to Produce should be lodged with Council no less that 15 working
days prior to the production/return date.
Please call Council’s Governance Services on 02 6648 4211 for
more information.
