UNIFORM CIVIL PROCEDURE RULES 2005 - REG 31.7 Foreign material

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 31.7

31.7 Foreign material

(cf SCR Part 36, rule 6B)

(1) Unless the court orders otherwise, a party who adduces foreign material under section 24 or 32 of the Foreign Evidence Act 1994 of the Commonwealth as evidence--

(a) must give at least 14 days' written notice to each other active party of--

(i) the intention to adduce evidence under that section, and

(ii) the nature of the foreign material, and

(b) must adduce all relevant evidence available to that party--

(i) as to whether the person who gave the testimony that is the subject of the foreign material is in Australia and is able to attend the hearing, and

(ii) if the foreign material is adduced under section 24 of the Foreign Evidence Act 1994 of the Commonwealth, of the matters to which section 25(2)(a) or (c) of that Act refer, and

(iii) if the foreign material is adduced under section 32 of the Foreign Evidence Act 1994 of the Commonwealth, of the matters to which section 33(2)(a) or (c) of that Act refer.

(2) In this rule
"foreign material" has the same meaning as it has in the Foreign Evidence Act 1994 of the Commonwealth.