Victorian Consolidated Legislation

Evidence Act 1958 - SECT 9M

Application to the Supreme Court for assistance in obtaining evidence for proceedings in other court

9M. Application to the Supreme Court for assistance in obtaining evidence for
proceedings in other court



(1) If an application is made to the Supreme Court for an order for evidence
to be obtained in Victoria and the Supreme Court is satisfied-

   (a)  that the application is made in pursuance of a request issued by or on
        behalf of a court or tribunal exercising jurisdiction in a place
        outside Victoria; and

   (b)  that the evidence to which the application relates is to be obtained
        for the purposes of proceedings which either have been instituted
        before the requesting court or whose institution before that court is
        contemplated-

the following provisions of this Part apply.

(2) This Part does not apply in respect of proceedings relating to the
commission of an offence or an alleged offence unless the requesting court is
a court of a place in Australia or of New Zealand.