Victorian Consolidated Regulations Victorian Consolidated Regulations(1) Witnesses shall not be examined to perpetuate testimony unless a proceeding has been commenced for that purpose.
(2) Any person who would, in the circumstances alleged by the person to exist, become entitled, upon the happening of any future event, to any property, the right or claim to which cannot be brought to trial by the person before the happening of the future event, may commence a proceeding to perpetuate any testimony which may be material for establishing the right or claim.
(3) No proceeding to perpetuate the testimony of witnesses shall be set down for trial.