Commonwealth Numbered Regulations

1995 No. 145 FAMILY LAW RULES (AMENDMENT) - RULE 5

5.1 Omit the rule, substitute: Letters of request

"7. (1) If, under the Foreign Evidence Act 1994, an order is made by a court
for issue of a letter of request to the judicial authorities of a foreign
country to take the evidence of a person or cause it to be taken, the party
obtaining the order must file:

   (a)  2 copies of a form of the appropriate letter of request; and

   (b)  2 copies of the specified questions (if any) to accompany the request;
        and

   (c)  if the English language is not an official language of the country to
        whose judicial authorities the letter of request is to be sent-2
        copies of a translation of each of the documents mentioned in
        paragraphs (a) and (b) in a language appropriate to the place where
        the evidence is to be taken; and

   (d)  unless the court otherwise directs-an undertaking by the party
        obtaining the order:

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

        (ii)   on being given notice of the amount of any such expenses, to
               pay the amount to the Registrar of the filing registry.

"(2) A translation filed under paragraph (1) (c) must be accompanied by an
affidavit of the person making it:

   (a)  verifying that it is a correct translation; and

   (b)  setting out the translator's full name, address and qualifications for
        making the translation.

"(3) On receipt of the documents referred to in subrules (1) and (2) (if
applicable), the Registrar must, if satisfied that the documents are
appropriate to the purposes of this Order, seal the documents with the seal of
the court and transmit them to the Secretary for transmission to the judicial
authorities of the other country.

Evidence of New Zealand matters

"8. If, under Part 6 of the Evidence and Procedure (New Zealand) Act 1994, a
party seeks to rely on a fax copy of a document, the party must provide the
court with a copy of the fax on white paper that is:

   (a)  of good and durable quality; and

   (b)  capable of receiving ink writing; and

   (c)  the size known as International A4.".