32.4   Failure to comply with subpoena issued by the Supreme Court

(cf SCR Part 36A, rule 5)

(1)  A person may apply to the Supreme Court for a certificate under section 16 of the Commonwealth Act by filing a notice of motion together with:

(a)  an affidavit of service of the subpoena and order and notice referred to in section 10 (3) of the Commonwealth Act, and

(b)  an affidavit stating:

(i)  particulars of the order granting leave to serve the subpoena, and

(ii)  whether application was made to set aside the subpoena and, if so, particulars of the application and of its outcome, and

(iii)  that the subpoena was not complied with, and

(c)  a draft certificate.

(2)  Despite subrule (1), application for a certificate may be made orally if the proceedings in which the certificate is sought are then before the Supreme Court.

(3)  Unless the Supreme Court orders otherwise, the applicant need not serve notice of motion for the issue of the certificate.

(4)  An application under subrule (1) may be determined or dealt with by the Supreme Court in the absence of the public and without any attendance by or on behalf of any person.