Subpoenas, Summons and Notices
Issuing Subpoenae to Southern Cross University
When issuing a subpoena, summons or notice for non party production ("Subpoenae") to the University, please note that the following procedures have been adopted by the University to enable staff to respond to a subpoena efficiently.
Address for service
If delivered by hand the subpoena should be addressed to:
The Proper Officer
SCU Legal Office
Southern Cross University
F1-16, Ground Floor, Rod Treyvaud Building (F-Block)
Military Road
LISMORE NSW 2480
If delivered by mail the subpoena should be addressed to:
The Proper Officer
SCU Legal Office
Southern Cross University
PO Box 157
LISMORE NSW 2480
Time for compliance
Please allow at least 14 days before the date required for production to enable the University to search for and locate any documents that match the description in the subpoena. If the documents are stored off-campus it may take more time to search the records.
Schedule
The University requests that the description of documents sought be as specific as possible. This includes supplying the following where available:
- identifying details about any person who is the subject of the subpoena, such as a date of birth or student/employee number
- the type of documents required
- the time period for which documents are required
- any specific areas of the University from which documents are sought
Conduct money
The purpose of conduct money is to provide a reasonable recompense for the cost to the University of complying with a subpoena. Those costs include staff time in locating and searching records, resources involved in copying documents, and delivery of documents to the appropriate Court or Tribunal.
The University has assessed the minimum cost of handling a subpoena to be $55.00 and requests that this sum be made available upon service of any subpoena. Cheques should be made out to "Southern Cross University". This amount will cover up to one hour of staff time searching records, copying up to 100 pages and delivery.
Where this amount is expected to be insufficient to cover the costs associated with the subpoena, the University will notify the issuing firm as soon as is practicable that additional costs may be incurred. Additional costs will be assessed at the following rates:
- staff time @ $55.00/hr
- photocopying documents @ $0.50/page
- professional time @ $250.00/hr
Receiving a subpoena
If your work unit receives a subpoena, you must comply with the following steps:
- Check that the subpoena is for the University before you accept it or sign anything confirming receipt.
- Date stamp it immediately.
- Forward the subpoena to the SCU Legal Office for action. Please include a brief note or memo indicating who received the subpoena, and who Legal Office staff may contact in your area if we need any further information.
Complying with a subpoena
The SCU Legal Office will coordinate the University's response to the subpoena, but may require assistance from particular areas within the University. Usually, you will be contacted by the SCU Legal Office requesting all files or documents in relation to a particular person. This will normally involve forwarding all original documentation in your possession to the SCU Legal Office within a specified time frame. The SCU Legal Office will make copies of the documentation and return your original files to you as soon as possible.
Please be aware that where a subpoena is received that requires production of records from your department or area, resources may need to be allocated to handle this work. Where the work required by your area is substantial, keep records of all resources including staff time and provide these details at the same time as the documents. The SCU Legal Office may be able to bill the requesting party for expenses incurred by the University.
Occasionally, original files will be required by the Court or Tribunal. When this is the case, the SCU Legal Office will keep records of what documents have been provided, and will return the files to you as soon as possible. As delays are common in court proceedings, please keep a copy of all original records if you believe you might need to refer to them before the completion of proceedings.
Contact Us
If you have any questions regarding these requirements, please do not hesitate to contact the SCU Legal Office in writing at the address shown above, email legal@scu.edu.au or phone the office on (02) 6620 3465 for further information.
Updated: 26 March 2012