Document ID: chunk:federal_register_of_legislation:C2004A04760:body:0:p16
Version: federal_register_of_legislation:C2004A04760
Segment Type: other
Provision Reference: 
Character Range: 38463–41124

oath or affirmation unless:

  (a) the person giving the testimony is in a foreign country; and

  (b) either:

        (i) the law in force in that country does not permit the person to give testimony on oath or affirmation for the purposes of the proceeding; or

        (ii) the law in force in that country would make it inconvenient for the person to give testimony on oath or affirmation for the purposes of the proceeding; and

     (c) the Court or a Judge is satisfied that it is appropriate for the testimony to be given otherwise than on oath or affirmation.

If the testimony is given otherwise than on oath or affirmation, the Court is to give the testimony such weight as it thinks fit in the circumstances.

"(1B) Nothing in subsection (1A) affects the operation of the Evidence and Procedure (New Zealand) Act 1994.

"(1C) Subsection (1 A) does not apply if the person giving the testimony is in New Zealand.".

Rules of Court

  42. Section 59 of the Principal Act is amended:

  (a) by inserting after paragraph (2)(t) the following paragraphs:

          "(ta) the administration of oaths and affirmations in respect of testimony to be given by video link, telephone or other appropriate means; and

          (tb) the making or receipt of submissions by video link, telephone or other appropriate means; and";

  (b) by inserting after subsection (2) the following subsection:

    "(2A) In particular, the Rules of Court may make further provision in relation to the taking or receipt of evidence, where:

        (a) the evidence is given by video link, telephone or other appropriate means; and

        (b) the Court or a Judge is authorised to receive the evidence under another provision of this Act or another law of the Commonwealth.".

Division 4—Amendment relating to Rules of Court

Object of Division

43. The object of this Division is to enable Rules of Court to authorise a person to amend a claim by setting up a fresh claim that would have been barred because of the expiry of a period of limitation if the claim had been initiated at the time of the amendment.

Rules of Court

44. Section 59 of the Principal Act is amended by inserting before subsection (3) the following subsection:

  "(2B) The Rules of Court may make provision for:

  (a) the amendment of a document in a proceeding; or

  (b) leave to amend a document in a proceeding;

even if the effect of the amendment would be to allow a person to seek a remedy in respect of a legal or equitable claim that would have been barred because of the expiry of a period of limitation if the remedy had originally been sought at the time of the amendment.".

PART