(1) An application for an order under Division 1C of Part I of the Evidence (Miscellaneous Provisions) Act 1958 for the examination of a witness in Victoria in relation to a matter pending before a court or tribunal in a place out of Victoria may be made—
(a) by a person nominated for that purpose by the court or tribunal concerned; or
(b) if no person is so nominated, by the Victorian Government Solicitor with the consent of the Attorney-General.
(2) The application—
(a) shall be made by originating motion not joining any person as a defendant; and
(b) shall be supported by affidavit to which shall be exhibited—
(i) the letter of request, certificate or other document pursuant to which the application is made; and
(ii) if that document is not in the English language, a translation in that language.