Victorian Consolidated Regulations Victorian Consolidated Regulations(1) No deposition taken in a proceeding shall be admissible as evidence at the trial of the proceeding unless—
(a) the deposition was taken pursuant to an order made under Rule 41.01(1)(a) or (b);
(b) either—
(i) the person against whom the evidence is offered consents; or
(ii) the deponent is dead or is unfit by reason of the deponent's bodily or mental condition to attend the trial and testify as a witness; or
(iii) the deponent is out of Victoria and it is not reasonably practicable to secure the deponent's attendance; or
(iv) the deponent cannot with reasonable diligence be found; and
(c) the party who applies to have the deposition received into evidence has given reasonable notice of the application to the other party.
(2) A deposition purporting to be signed by the person before whom it was taken shall be receivable in evidence without proof of the signature of that person.
(3) Unless the Court otherwise orders—
(a) evidence of facts within paragraph (1)(b) may be given by affidavit; and
(b) the affidavit may be made from belief as to those facts, if the grounds for the belief are given.