Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 29.12

Letter of request

             (1)  On the making of an order under section 7 (1)(b) or (c) of the Foreign Evidence Act 1994 for the sending or issue of a letter of request, the party obtaining the order must lodge with the Registrar:

                     (a)  a form of the appropriate letter of request; and

                     (b)  the interrogatories (if any) and cross-interrogatories (if any) to accompany the letter of request; and

                     (c)  if English is not an official language of the country to whose judicial authorities the letter of request is to be sent--a translation of each of the documents mentioned in paragraphs (a) and (b) in an official language of the country appropriate to the place where the evidence is to be taken; and

                     (d)  an undertaking by the party obtaining the order, or the party's lawyer:

                              (i)  to be responsible for all expenses incurred by the Court, or by any person at the request of the Court, for the letter of request; and

                             (ii)  on being given notice of the amount of those expenses--to pay the amount to the Registrar.

Note:          If expenses are not paid, an order may be made under rule 29.22 (4).

             (2)  A translation lodged under paragraph (1)(c) must be certified by the person making it to be a correct translation, and the certificate must state the person's full name and address and the person's qualifications for making the translation.



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