Victorian Numbered Regulations

SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 81.01

    (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.