Commonwealth Numbered Acts

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FOREIGN EVIDENCE ACT 1994 No. 59 of 1994 - SECT 11

Orders for taking evidence abroad-family law matters
11.(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 Family Court of Australia-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
        Family Court of Australia; 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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