Certificate of non-compliance with subpoena (New Zealand) (Form 99)
Form 99 is the Federal Court of Australia certificate that a person served in New Zealand with a subpoena, by leave, failed to comply with it.
Word document from Federal Court of Australia's website.
DraftOur fillable copy of this form has not been through editorial review yet. Check it against Federal Court of Australia's current form before you rely on it.
- Format
- Word (DOCX)
- Category
- Court form
- Form number
- Form 99
- Version
- v44ae9e6b
- Last verified
- 6 September 2026
Federal Court of Australia · Federal Court Rules 2011
For law practices: this form maps to the published matter-field vocabulary, so your practice management system fills it from your matter data - on your own machine. Practice management systems can fetch and assemble it through the document assembly API.
What Form 99 is for
Under section 38 of the Trans-Tasman Proceedings Act 2010, if a person named in an Australian subpoena served in New Zealand fails to comply, the court that issued it may issue a certificate under seal stating that leave to serve the subpoena was given by an Australian court and that the person failed to comply. Rule 34.69 of the Federal Court Rules 2011 sets out how a party applies for the certificate, and its Note 1 says the certificate will be in accordance with Form 99. A Registrar affixes the Court's stamp (r 34.69, Note 2). The certificate is addressed to the High Court of New Zealand and asks it to deal with the non-compliance.
When you need it
- You obtained leave to serve a Federal Court subpoena in New Zealand (Form 97) and the subpoena was served.
- The person named did not comply, for example by not attending or not producing documents.
- Any application to set the subpoena aside has been dismissed, or none was made.
How to fill it in
- 1
Understand who completes it
Form 99 is issued and signed by an officer acting with the authority of the District Registrar. The party seeking it usually prepares a draft for the Registry.
- 2
Heading
Use the proceeding number, District Registry, Division and party names.
- 3
Details of the subpoena and leave
Name the person named in the subpoena and insert the date leave to serve in New Zealand was given. A copy of the subpoena and of the leave order are annexed.
- 4
Set-aside status
Keep either the statement that no application to set aside the subpoena was made, or that one was dismissed on a stated date, and annex that order.
Filing, lodging and service
- Apply for the certificate orally if the proceeding is before the Court, or by filing an interlocutory application (Form 35) (r 34.69(2)).
- Attach a copy of the subpoena, the order giving leave to serve it, an affidavit of service, and a further affidavit about any set-aside application and the facts relied on for non-compliance (r 34.69(3)).
- File through eLodgment or at the District Registry. Once issued, the certificate is used in New Zealand, so obtain advice on the New Zealand procedure.
Common mistakes
- Prove service carefully, including that the subpoena was served with the leave order and the prescribed notice (s 32(2)).
- Keep evidence that allowances and travel expenses were paid at service or a reasonable time before compliance (s 33).
- The published form refers to New Zealand legislation by name. Check that reference with a New Zealand practitioner before relying on it.
Frequently Asked Questions
What happens if a New Zealand witness ignores a Federal Court subpoena?
The Court may issue a certificate of non-compliance under section 38 of the Trans-Tasman Proceedings Act 2010, in Form 99, for use before the High Court of New Zealand.
How do I apply for a Form 99 certificate?
Orally if the proceeding is before the Court, or by interlocutory application, with the subpoena, leave order, affidavit of service and a further affidavit (r 34.69).
Checked against the official sources on 26 October 2026
- Trans-Tasman Proceedings Act 2010 (Cth) ss 31 to 38
- Federal Court Rules 2011 (Cth) r 34.69
- Federal Court of Australia - Form 99
General information about the form, not legal advice about your matter. Rules and forms change: if anything here differs from the court or agency's current instructions, theirs apply.
Field map
5 boxes on the Certificate of non-compliance with subpoena (New Zealand) (Form 99) fill from your matter. 2 are for you to complete: ticks, signatures and anything that needs judgement.
- Client
- Client full name(s), Client state
- Key Dates
- Current date
- Operator
- User First Name, User Full Name (first + surname)
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