Commonwealth Consolidated Regulations

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Letters of request

             (1)  If, under the Foreign Evidence Act 1994 , a court orders a letter to be issued to the judicial authorities of a foreign country requesting that the evidence of a person be taken, the party obtaining the order must file:

                     (a)  2 copies of the appropriate letter of request and any questions to accompany the request;

                     (b)  if English is not an official language of the country to whose judicial authorities the letter of request is to be sent--2 copies of a translation of each document mentioned in paragraph (a) in a language appropriate to the place where the evidence is to be taken; and

                     (c)  an undertaking:

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

                             (ii)  to pay the amount to the Registry Manager of the filing registry, after being given notice of the amount of the expenses.

             (2)  A translation filed under paragraph (1)(b) must be accompanied by an affidavit of the person making the translation:

                     (a)  verifying that it is a correct translation; and

                     (b)  setting out the translator's full name, address and qualifications for making the translation.

             (3)  If, after receiving the documents mentioned in subrules (1) and (2) (if applicable), the Registrar is satisfied that the documents are appropriate, the Registry Manager must send them to the Secretary of the Attorney-General's Department for transmission to the judicial authorities of the other country.

Note:          Rules 5.06 and 16.05 set out the procedure for arranging for a party or a witness to attend a hearing or trial by electronic communication.

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