Subpoenas, Summonses and Notices

The following procedures have been adopted by the University to enable the University to respond efficiently to a subpoena, summons or statutory notice ("Subpoena").

Address for service

If delivered by hand the Subpoena should be addressed to:

Southern Cross University by its Proper Officer
SCU Legal Office
Southern Cross University
Mail Room, Property Services (W-Block)
Military Road
LISMORE NSW 2480

If delivered by mail the Subpoena should be addressed to:

Southern Cross University by its 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 If the documents have been archived off-campus it may take more time to conduct an appropriate search.

Schedule

Please make the description of documents to be produced as specific as possible as this will ensure that the issuing party receives the documents required for the proceedings, without unnecessarily burdening the University by having to search for documents that are not required but are covered by an excessively general scope. 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; and
• Any specific areas of the University from which documents are sought.

Conduct money

The purpose of conduct money is to provide the University with reasonable compensation for the cost of complying with a Subpoena. Those costs include staff time in locating and searching records, the resources involved in copying documents and payment for delivery of documents to the appropriate Court, Tribunal or other recipient.

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.

In cases in which it is identified, upon receipt of the Subpoena, that $55.00 is likely to be insufficient to cover the costs associated with complying, the University will notify the issuing party as soon as is practicable that additional costs may be incurred. These additional costs will be assessed at the following rates:

• Staff time - $55.00/hr;
• Photocopying documents - $0.50/page; and
• Where required, professional time - $250.00/hr.

Receiving a subpoena

If a person attempts to serve a Subpoena on your work unit, or on the University and to your work unit, you must:

1. Check that the Subpoena is for the University before you accept it or sign anything confirming receipt;
2. Date stamp the Subpoena immediately; and
3. Forward the Subpoena to the Legal Office immediately 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 Legal Office requesting all files or documents in relation to a particular person. Complying with the request would normally involve forwarding all original documentation in your possession to the Legal Office within a specified time frame. The Legal Office will make then copies of relevant documentation and return your original files to you as soon as possible.

Occasionally, original files will be required by the Court or Tribunal. When this is the case, the Legal Office will keep records of what documents have been provided and will return the original files to you as soon as possible. As delays are common in legal proceedings, please keep a copy of all original records if you believe you might need to refer to them before the completion of proceedings.

Please be aware that if your work unit is required to produce records in relation to a Subpoena, resources will need to be allocated to handle this work as deadlines in Subpoenas are strict. Where the work required by your area is substantial, keep records of all resources used (including of staff time) and provide these details to the Legal Office at the same time as the documents. As described above under "Conduct Money", the Legal Office may be able to bill the issuing party for expenses incurred by the University

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.