Subpoenas

Please note:  this page is for Subpoenas directly relating to Cessnock City Council, please visit Subpoenas for District Courts within NSW for more information about Subpoenas in general or call Cessnock Local Court on 1300 679 272.

Issuing a Subpoena

A subpoena for production must be addressed to The Proper Officer.

A subpoena to give evidence must be addressed to the specific Council Officer who is required to give evidence in his or her capacity as Council Official.

A subpoena can be served to Cessnock City Council in one of the following ways:

  • Email: 
    council@cessnock.nsw.gov.au
  • Mail to:
    The General Manager or Council Officer
    PO BOX 152, CESSNOCK NSW 2325
  • In person
     62-78 Vincent Street, CESSNOCK NSW 2325

When Council is not Party to Proceedings

Council does not have to be party to proceedings to be issued with a subpoena.

The NSW Legal Aid website has general information on the rules involving subpoenas in NSW.

Subpoena Fees

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 Fees and Charges prescribes the fees for staff time spent dealing with a subpoena/summons to Produce, copying charges and courier/postage fee.

Conduct money will be requested at the time the subpoena/summons to Produce is served.

Council will seek payment of the balance due after service of the subpoena/summons to Produce is accepted.

We suggest 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.

Compliance Time/Return Date

We appreciate 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 us no less then 15 working days prior to the production/return date.

Description of Documents

A precise description of the documents being sought can save time in searching and retrieving Council records. Overly broad requests may take significant time to comply with and will have associated cost implications. The issuing party should carefully consider the scope issued.

Enquiry Details

Any questions regarding a subpoena should be directed to:

Council’s Corporate Governance Team
Phone: 02 4993 4100
Email:  council@cessnock.nsw.gov.au

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