EVIDENCE ACT 1929 - SECT 59IE

EVIDENCE ACT 1929 - SECT 59IE

59IE—State courts may take evidence and submissions from outside State

        (1)         A South Australian court may, on the application of a party to a proceeding before the court, direct that evidence be taken or submissions made by audio, or audio visual, link from a participating State.

        (2)         The court must not make such a direction if—

            (a)         the necessary facilities are unavailable or cannot reasonably be made available; or

            (b)         the court is satisfied that the evidence or submission can be more conveniently given or made in this State; or

            (c)         the court is satisfied by a party opposing the making of the direction that the direction would be unfair to the party.

        (3)         The court may exercise in the participating State in connection with taking evidence or receiving submissions by audio, or audio visual, link any of its powers that the court is permitted, under the law of the participating State, to exercise in the participating State.