Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(2) After Form 37 in the First Schedule to the Principal Rules, the following Forms are inserted:
FORM 38 O. 39 r. 12 (1)
ORDER FOR EXAMINATION WITHIN THE TERRITORY
[ Heading as in Form 1 ]
THE COURT ORDERS THAT—
[ name ] of [ address ] be examined on oath or affirmation before [ name and address of examiner, or description ].
Dated the day of , .
(Registrar)
FORM 39 O. 39 rr. 12 (2) and 24B (1)
ORDER FOR EXAMINATION OUTSIDE THE TERRITORY
[ Heading as in Form 1 ]
THE COURT ORDERS THAT—
1. [ name ] of [ address ] be examined on oath or affirmation before [ name and address of examiner, or description ] in accordance with the Rules of this Court.
2. The party obtaining this order give to each other party 7 days' notice in writing of the date on which he or she proposed to send this order to the examiner.
3. Not less than 4 days after that notice has been given, each party shall give to the other the name and address of his or her agent to whom notices may be sent.
Dated the day of , .
(Registrar)
FORM 40 O. 39 r. 24B (2)
ORDER FOR ISSUE OF LETTER OF REQUEST
[ Heading as in Form 1 ]
THE COURT ORDERS THAT—
A letter of request be sent to the judicial authorities of [ country ] to take or cause to be taken the evidence of [ name ] of [ address ].
Dated the day of , .
(Registrar)
FORM 41 O. 39 r. 24C (1) (b) (ii)
UNDERTAKING—LETTER OF REQUEST
[ Heading as in Form 1 ]
1. I [or We], [ name(s) ] of [ address(es) ], undertake to be responsible for any reasonable expenses incurred by the Territory, the Commonwealth, or both, in respect of the letter of request dated [ date of issue of letter of request ].
2. On receiving due notification of the amount of such expenses I [ or we] undertake to pay that amount as directed by the Registrar.
3.
The plaintiff's agent in connection with the
execution of that letter of request is
[ name
] of [ address ].
4. The defendant's agent in connection with the
execution of that letter of request is
[ name
] of [ address ].
Dated the day of
, .
( [Solicitors for] Party obtaining order for issue of letter of request.)
FORM 42 O. 39 r. 24J
ORDER FOR EXAMINATION
UNDER FOREIGN OR INTERSTATE LETTER OF REQUEST
IN THE
SUPREME COURT
OF THE AUSTRALIAN
CAPITAL TERRITORY
No. of .
Before .
In the matter of—
(a) the letter of request dated [ date of issue of letter of request ] in connection with the proceeding pending, or instituted, before [ name of foreign or interstate court or tribunal ] between [ name of plaintiff ] and [ name of defendant ]; and
(b) an application under Part XIIB of the Evidence Act 1971 in relation to that letter of request;
THE COURT ORDERS THAT—
[ name and address of examiner, or description ] take the examination on oath or affirmation of [ name ] of [ address ] pursuant to the letter of request.
Dated the day of , .
(Registrar)
FORM 43 O. 39 r. 24P
CERTIFICATE OF ORDER AND DEPOSITIONS—EXAMINATION FOR INTERSTATE OR FOREIGN COURT OR TRIBUNAL
I CERTIFY THAT THE FOLLOWING ITEMS ARE ANNEXED:
1. The original order of the Supreme Court of the Australian
Capital Territory dated
[ date ], made
in the matter of—
(a) the letter of request dated [ date of issue of letter of request ] in connection with a proceeding pending, or instituted, before [ name of foreign or interstate court or tribunal ] between [ name of plaintiff ] and [ name of defendant ]; and
(b) an application under Part XIIB of the Evidence Act 1971 of the Australian Capital Territory in relation to that letter of request.
2.
The examination, depositions [and transcripts] taken
pursuant to that order on
[ date
].
[3. The exhibits produced in the course of that examination, as follows:
[ description of exhibits ] ].
Dated the day of , .
(Registrar of the Supreme Court of the Australian Capital Territory)