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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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