Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 29.12

Letter of request

  (1)   On the making of an order under section   7(1)(b) or (c) of the Foreign Evidence Act 1994 for the sending or issue of a letter of request, the party obtaining the order must lodge with a Registrar:

  (a)   a form of the appropriate letter of request; and

  (b)   the interrogatories (if any) and cross - interrogatories (if any) to accompany the letter of request; and

  (c)   if English is not an official language of the country to whose judicial authorities the letter of request is to be sent--a translation of each of the documents mentioned in paragraphs   (a) and (b) in an official language of the country appropriate to the place where the evidence is to be taken; and

  (d)   an undertaking by the party obtaining the order, or the party's lawyer:

  (i)   to be responsible for all expenses incurred by the Court, or by any person at the request of the Court, for the letter of request; and

  (ii)   on being given notice of the amount of those expenses--to pay the amount to the Chief Executive Officer.

Note:   If expenses are not paid, an order may be made under rule   29.22(4).

  (2)   A translation lodged under paragraph   (1)(c) must be certified by the person making it to be a correct translation, and the certificate must state the person's full name and address and the person's qualifications for making the translation.


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