(1) In addition to the requirements of rule 16.08, a party who proposes to adduce evidence by telephone or video conference or other electronic communication from a witness in a foreign country, must satisfy the court:

(a)

that the party has read the information published by the Attorney-General's Department regarding its arrangements with other countries for the taking of evidence, to determine the attitude of the foreign country's government to the taking of evidence by electronic communication;

(b)

if the attitude of the foreign country's government to the taking of evidence by electronic communication cannot be ascertained from sources within Australia — that the party has made appropriate inquiries through diplomatic channels, a lawyer or a provider of technical facilities in the foreign country to determine that attitude;

(c)

whether permission is needed from the foreign country's government to adduce evidence from a witness in that country by electronic communication;

(d)

if permission is needed, whether permission has been granted or refused;

(e)

if permission has been refused, the reason for refusal; and

(f) whether there are any special requirements for the adducing of evidence, including:

(i)

the administration of an oath; and

(ii)

the form of the oath.

(2) In this rule:

"foreign country" means a country other than Canada, New Zealand, the United Kingdom or the United States of America.

Note 1
A party seeking to adduce evidence from a witness in Canada, New Zealand, the United Kingdom or the United States of America does not have to comply with the requirements of subrule (1) because these countries do not object to the taking of evidence by video link.
Note 2
The court, instead of granting permission for a party to adduce evidence by electronic communication from a witness in a foreign country, may direct the Registry Manager to send a letter of request to the judicial authorities in the foreign country, requesting the court to take evidence from the witness in accordance with the law of the foreign country. For the requirements for a letter of request to the judicial authorities of a foreign country, see rule 15.73.