Commonwealth Consolidated Acts

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FOREIGN EVIDENCE ACT 1994 - SECT 11

Orders for taking evidence abroad--family law matters

  (1)   The appropriate court may, on the application of a party to a proceeding before a court of summary jurisdiction exercising jurisdiction under the Family Law Act 1975 , exercise the same power to make an order of the kind referred to in Division   1 for the purpose of that proceeding as the appropriate court has under that Division:

  (a)   if it is the Federal Circuit and Family Court of Australia (Division   1)--for the purpose of any proceeding before it; or

  (b)   otherwise--for the purpose of a proceeding before it when it is exercising jurisdiction under the Family Law Act 1975 .

  (2)   In this section:

"appropriate court" means:

  (a)   if the proceeding takes place in a State other than Western Australia, or in a Territory other than the Northern Territory, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands--the Federal Circuit and Family Court of Australia (Division   1); or

  (b)   if the proceeding takes place in Western Australia, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands--the Family Court of Western Australia; or

  (c)   if the proceeding takes place in the Northern Territory--the Supreme Court of the Northern Territory.


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