Commonwealth Numbered Acts

FOREIGN EVIDENCE ACT 1994 No. 59 of 1994 - SECT 7

7.(1) In any proceeding before a superior court, the court may, if it appears
in the interests of justice to do so, on the application of a party to the
proceeding, make an order, relating to a person outside Australia:

   (a)  for examination of the person on oath or affirmation at any place
        outside Australia before a judge of the court, an officer of the court
        or such other person as the court may appoint; or

   (b)  for issue of a commission for examination of the person on oath or
        affirmation at any place outside Australia; or

   (c)  for issue of a letter of request to the judicial authorities of a
        foreign country to take the evidence of the person or cause it to be
        taken.

(2) In deciding whether it is in the interests of justice to make such an
order, the matters to which the court is to have regard include the following:

   (a)  whether the person is willing or able to come to Australia to give
        evidence in the proceeding;

   (b)  whether the person will be able to give evidence material to any issue
        to be tried in the proceeding;

   (c)  whether, having regard to the interests of the parties to the
        proceeding, justice will be better served by granting or refusing the
        order.