Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 16.06

Foreign evidence by electronic communication

             (1)  In addition to the requirements of rule 16.05, a party who proposes to adduce evidence by electronic communication from a witness in a foreign country must satisfy the court:

                     (b)  that the party has made appropriate inquiries to determine the attitude of the foreign country's government to the taking of evidence by electronic communication; and

                     (c)  whether permission is needed from the foreign country's government to adduce evidence from a witness in that country by electronic communication; and

                     (d)  if permission is needed, whether permission has been granted or refused; and

                     (e)  if permission has been refused, the reason for refusal; and

                      (f)  whether there are any special requirements for the adducing of evidence, including:

                              (i)  the administration of an oath; and

                             (ii)  the form of the oath.

Note:          Chapter 5 sets out the procedure for making an application for interim, procedural, ancillary or other incidental orders.

             (2)  In this rule:

"foreign country " means a country other than Canada, New Zealand, the United Kingdom or the United States of America.

Note 1:       A party seeking to adduce evidence from a witness in Canada, New Zealand, the United Kingdom or the United States of America does not have to comply with subrule (1) because these countries do not object to the taking of evidence by electronic communication.

Note 2:       The court, instead of granting permission for a party to adduce evidence by electronic communication from a witness in a foreign country, may direct the Registry Manager to send a letter of request to the judicial authorities in the foreign country, requesting the court to take evidence from the witness in accordance with the law of the foreign country. For the requirements for a letter of request to the judicial authorities of a foreign country, see rule 15.73.



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