Commonwealth Consolidated Regulations

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Obtaining evidence in convention countries for purposes of proceedings under this Part

             (1)  In proceedings under this Part in a court on behalf of a claimant in a convention country, the court may require the Secretary or an authorized person to request the Transmitting Agency in the convention country to obtain evidence required for the proceedings.

             (2)  A requirement by a court under this regulation shall set out:

                     (a)  the names and addresses of the claimant and respondent in the proceedings;

                     (b)  the name and address of any person whose evidence is to be taken; and

                     (c)  the matters concerning which evidence is required.

             (3)  The Secretary shall transmit to the Transmitting Agency in the convention country a request that the Secretary has been required under this regulation to make and shall request the Agency to give the Secretary and the respondent in the proceedings notice of the time when, and place where, the evidence is to be taken in order that the respondent may attend, or be represented at, the taking of the evidence.

             (4)  Nothing in this regulation affects the power of a court to order or request the taking of evidence within or outside Australia.

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