Service of documents

Documents requiring personal service are to be served on the Solicitor for NSW Trustee & Guardian addressed as follows:

The Proper Officer
Specialist Services - Legal
NSW Trustee and Guardian
19 O’Connell Street Sydney NSW 2000

Service will be accepted by the employee of NSW Trustee & Guardian in attendance at the Reception desk. Reception hours are 9:00am to 5:00pm week days (excluding public holidays). 

Documents not requiring personal service may be served as indicated as the address for service on any documents filed by NSW Trustee & Guardian in the proceedings. If no address for service is otherwise indicated, documents not requiring personal service may be served as follows:

  • by post to Locked bag 5115, Parramatta, NSW 2124
  • by DX to DX 1335, Sydney.

Subpoena Procedures

The information set out below applies in respect of subpoenas issued upon the 
NSW Trustee & Guardian (NSWTG) where NSWTG is NOT acting for one of the parties. 

If NSWTG has the conduct of a matter in which a subpoena is served the allocated
legal officer will handle the subpoena.

Address for Service 
Subpoenas for production should be served as detailed under Service of Documents above.
 
Notice
Standard subpoenas should allow at least ten (10) clear working days notice for the date of serve to comply.

Conduct Money
Standard conduct money is $100.00, payable upon service of the subpoena.
Non-standard conduct money where less than ten (10) clear working days notice is given is $100.00 plus courier cost fee.

Conduct money includes the cost of the first hour of processing (including locating, collating, producing time).
NSW Trustee & Guardian may also charge additional compliance costs incurred in producing documents, as follows:
· attendance by clerical officers at the rate of $59 per hour after the first hour
and
· attendance by legal officers at the rate of $72 per hour after the first half hour.

Costs for Formal Production
In addition to conduct money the following further costs may apply: 

  • Archive retrieval fees
  • Photocopying charge of 25c per page
  • Courier costs (if required due to short notice).

We will email or telephone you to give an indication of the costs we will require for complying with the subpoena, if it exceeds the conduct money tendered. A written undertaking is required to pay these and all reasonable expenses incurred in locating, retrieving, compiling, copying and producing documents. 

Subpoena to Give Evidence
When this subpoena is served on an employee of NSWTG in his or her capacity as an officer for NSW Trustee & Guardian, the address for service is Specialist Services – Legal.

The ordinary salary of any staff member attending court and any additional expenses associated with his/her attendance may be required to be paid. Any expenses involved in travel and accommodation of a staff member to attend court may be required to be paid.