Commonwealth Consolidated Regulations

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Taking of further evidence

             (1)  If the foreign court remits an order mentioned in subregulation 38(1) for the taking of further evidence, the court to which the order has been remitted (the receiving court ), after giving notice under subregulation (3), must take the evidence.

             (2)  The relevant Registrar of the receiving court must send a copy of the depositions of the witnesses whose evidence is taken under subregulation (1) to the foreign court.

             (3)  The receiving court must give notice of the taking of further evidence to the applicant for the order and to any other person the court thinks fit.

             (4)  The notice may be given in such manner as the court thinks fit.

             (5)  If, upon taking the further evidence, it appears to the court that the order ought not to have been made, the court may revoke the order and may make a new order.

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