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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44347
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I am about to sail from Melbourne to Lombok (Indonesia), via

Customer Question

I am about to sail from Melbourne to Lombok (Indonesia), via Darwin. I have been advised that I will be receive a subpoena to attend a court case in Melbourne that is scheduled during our anticipated crossing Darwin-Lombok. Is there any way I can avoid this?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

In order for a subpoena to be valid it has to be served on your personally. If you have not been served there is no requirement for you to appear.

So being told that you will be served when away, means nothing.

They have to give it to you personally and also provide you with conduct money to appear.

So if you can avoid the subpoena being served then you are ok.

If you are served then you will have to fight it before you leave.

These are your only options

If you are served and do not appear the court can issue a warrant for your arrest on your return.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

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