Subpoenas and Preliminary Discovery Orders

Subpoenas should be served on Roads and Maritime Services at the following address:

The Proper Officer
Legal Branch
Roads and Maritime Services
20-44 Ennis Road Milsons Point NSW 2061

Any enquiries regarding subpoenas should be referred to the Subpoena Clerk on:

Ph: (02) 9563 8459 or 9563 8433
Email: subpoena@rms.nsw.gov.au

If you choose to email the subpoena, the original needs to be sent, with the cheque/money order for the conduct fees, via post to the address above.

Conduct money

  • Ten (10) or more clear working days and files readily accessible: $25.00
  • Less than 10 clear working days and files readily accessible: please contact the Subpoena Clerk.

Roads and Maritime accepts cheque and money orders by way of payment. Cheques and money orders should be made out to 'Roads and Maritime Services'.

Additional photocopying/vetting costs apply and will be invoiced at the completion of the matter.

Where a subpoena is issued for a Roads and Maritime Services staff member to give evidence, Roads and Maritime Services will require their hourly rate plus travel time and expenses to be paid.

Please note

It generally takes at least 8 working days to obtain accessible records. Additional time will be required where documents are returnable to courts outside the metropolitan area or when voluminous records are requested.

Preliminary Discovery Orders

What Is Preliminary Discovery?

Preliminary Discovery is a court-ordered way that a person can obtain information from us. Part 5.2 of the Uniform Civil Procedure Rules 2005 says that if a person needs the name or address of another person for the purpose of legal proceedings then the Court may make an Order entitling that person to obtain that information. If such an Order is served on us then we must release the customer’s name and address.

Obtaining a copy of the Order

Normally a Court issues the Order verbally so normally we don’t have a copy of the Order. If you want to obtain a copy of any Order you will need to contact the Court in question. You will need to provide the Court with the Case Number and the date the Order was made. To locate the court you need to contact you should refer to the Local Court Listings online. In addition to obtaining a copy of the Order from the Court you can also obtain a copy of the Summons and the supporting Affidavit that the Court relied on to issue the Order. You can do this by contacting the Applicant/Plaintiff or the relevant Local Court registry.

Where can you get help?

Because the claims in respect of which the Preliminary Discovery Orders are made are private claims which have no connection with Roads and Maritime, regrettably we cannot provide you with any advice. You need to contact the Court that issued the Order and/or the person who applied for that Order. Law Access NSW can provide general legal information and can assist with legal referrals. You can contact them on 1300 888 529 or via the Law Access NSW website.

Because Roads and Maritime is releasing your information under a Court Order Roads and Maritime has not broken any privacy law. However, if you have any concerns about the security of your personal information once it is released to a car park company and what they might use it for, then you can contact the Australian Privacy Commissioner for more information.

Our commitment to you

At Roads and Maritime Services we strive to put our customers at the centre of all we do. We have prepared this information to re-assure you that we take your privacy seriously and we will continue to do all we can, within the limits of the law, to safeguard your privacy.

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