Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 6800

Application for direction under Evidence (Miscellaneous Provisions) Act, s 20

    (1)     An application for a direction under the href="http://www.legislation.act.gov.au/a/1991-34" title="A1991-34">Evidence (Miscellaneous Provisions) Act 1991

, section 20 (Territory courts may take evidence and submissions from participating States) may be made in a civil or criminal proceeding.

Note     Pt 6.2 (Applications in proceedings) applies to an application or a direction under this rule.

    (2)     The application may be made orally.

    (3)     The application must be supported by an affidavit stating—

        (a)     why the evidence should be taken or submissions made by audiovisual link or audio link; and

        (b)     the nature of any evidence to be taken; and

        (c)     the number of witnesses to be examined; and

        (d)     whether issues of character are likely to be raised; and

        (e)     the expected duration of the evidence or submissions; and

        (f)     a description of the facilities that are available, or that can reasonably be made available, for the evidence to be taken or submissions to be made; and

        (g)     that the requirements of the href="http://www.legislation.act.gov.au/a/1991-34" title="A1991-34">Evidence (Miscellaneous Provisions) Act 1991

, section 20 (2) can be met.

    (4)     In deciding whether to make the direction, the court may have regard to the following matters:

        (a)     the matters included in the applicant's affidavit;

        (b)     the cost and convenience to the witnesses and parties.

    (5)     Subrule (4) does not limit the matters to which the court may have regard.



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