Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p60
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 60/100)
Character Range: 262627–265242

document in the proceeding or an admission that is taken to be made under subrule 8.02(2).

Part 8.2—Evidence
Note: The Evidence Act 1995 applies generally to family law proceedings in the Federal Circuit and Family Court, with some exceptions, for example, in child‑related proceedings (see section 69ZT of the Family Law Act).

Division 8.2.1—General rules about evidence

8.04  How evidence may be given
  Evidence in support of an application may be given:
 (a) by way of affidavit; or
 (b) orally, with the court's permission.

8.05  Court may call evidence
 (1) The court may on its own initiative call any person as a witness in proceedings and give directions as to examination and cross‑examination.
 (2) The court may order a party to pay the expenses of the attendance of the witness.

8.06  Order for examination of witness
 (1) A court may, at any stage in a proceeding:
 (a) request that a person be examined on oath before a court, or an officer of that court, at any place in Australia; or
 (b) order a commission to be issued to a person in Australia authorising the person to take the evidence of another person on oath.
 (2) The court receiving the request, or the person to whom the commission is issued, may make procedural orders about the time, place and manner of the examination or taking of evidence, including that the evidence be recorded in writing or by electronic communication.
 (3) The court making the request or ordering the commission may receive in evidence the record taken.

8.07  Letters of request
 (1) If, under the Foreign Evidence Act 1994, a court orders a letter to be issued to the judicial authorities of a foreign country requesting that the evidence of a person be taken, the party obtaining the order must file:
 (a) 2 copies of the appropriate letter of request and any questions to accompany the request; and
 (b) if English is not an official language of the country to whose judicial authorities the letter of request is to be sent—2 copies of a translation of each document referred to in paragraph (a) in a language appropriate to the place where the evidence is to be taken; and
 (c) an undertaking:
 (i) to be responsible for all expenses incurred by the court, or by the person at the request of the court, in respect of the letter of request; and
 (ii) to pay the amount to the Registry Manager of the filing registry, after being given notice of the amount of the expenses.
 (2) A translation filed under paragraph (1)(b) must be accompanied by an affidavit of the person making the translation:
 (a) verifying that it is a correct translation; and
 (b)