Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p54
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 54/154)
Character Range: 344810–347383

be used.
Note: The Court may dispense with compliance with the Rules—see rule 1.34.
 (4) If a person making an affidavit is cross‑examined, the party using the affidavit may re‑examine the person.
Rule 29.10 left blank

Division 29.2—Evidence on commission taken in Australia or abroad

29.11  Order for examination of witness
 (1) A party may apply to the Court for an order for:
 (a) the examination of any person on oath or affirmation before a Judge or before such person appointed by the Court as examiner at any place whether in or out of Australia; or
 (b) the sending or issue of a letter of request to the judicial authorities of another country to take, or cause to be taken, the evidence of any person.
 (2) A party seeking an order under subrule (1) must lodge, with the application, a draft of the order:
 (a) for an examination; and
 (b) for the appointment of an examiner; and
 (c) for a letter of request.
Note: Examiner is defined in the Dictionary.

29.12  Letter of request
 (1) On the making of an order under section 7(1)(b) or (c) of the Foreign Evidence Act 1994 for the sending or issue of a letter of request, the party obtaining the order must lodge with a Registrar:
 (a) a form of the appropriate letter of request; and
 (b) the interrogatories (if any) and cross‑interrogatories (if any) to accompany the letter of request; and
 (c) if English is not an official language of the country to whose judicial authorities the letter of request is to be sent—a translation of each of the documents mentioned in paragraphs (a) and (b) in an official language of the country appropriate to the place where the evidence is to be taken; and
 (d) an undertaking by the party obtaining the order, or the party's lawyer:
 (i) to be responsible for all expenses incurred by the Court, or by any person at the request of the Court, for the letter of request; and
 (ii) on being given notice of the amount of those expenses—to pay the amount to the Chief Executive Officer.
Note: If expenses are not paid, an order may be made under rule 29.22(4).
 (2) A translation lodged under paragraph (1)(c) must be certified by the person making it to be a correct translation, and the certificate must state the person's full name and address and the person's qualifications for making the translation.

29.13  Procedure for orders under section 7(1)(a) or (b) of Foreign Evidence Act 1994
  If an order is made under section 7(1)(a) or (b) of the Foreign Evidence Act 1994, rules 29.14 to 29.22 apply, with any necessary changes, and subject to any directions given by