Queensland Consolidated Acts

EVIDENCE ACT 1977 - SECT 36

36 Application to Supreme Court to obtain evidence for civil proceedings in another jurisdiction

Where an application by way of originating summons is made to the Supreme Court or a judge thereof for an order for evidence to be obtained in the State, and the court or judge is satisfied—

(a) that the application is made in pursuance of a request issued by or on behalf of a court or tribunal (
"the requesting court" ) exercising jurisdiction in a State or Territory of the Commonwealth other than Queensland or in an overseas country; and

(b) that the evidence to which the application relates is to be obtained for the purposes of civil proceedings which either have been instituted before the requesting court or whose institution before that court is contemplated;