Western Australian Current Acts

EVIDENCE ACT 1906 - SECT 111

111 .         Supreme Court may make orders for obtaining evidence for inferior courts

        (1)         The Supreme Court may, in its discretion, on the application of a party to a civil or criminal proceeding before an inferior court exercise the same power to make an order of the kind referred to in section 110(1) for the purpose of that proceeding as the Supreme Court has under that subsection for the purpose of a proceeding in the Supreme Court.

        (2)         Section 110(5), (6) and (7) apply in relation to evidence taken in an examination held as a result of an order made by a court by virtue of this section in relation to an inferior court as if —

            (a)         in subsections (5), (6) and (7) —

                  (i)         a reference to the proceeding were a reference to the proceeding in the inferior court; and

                  (ii)         a reference to the court were a reference to the inferior court;

                and

            (b)         in subsections (5) and (7), a reference to an order made under subsection (1) were a reference to an order made by a court by virtue of this section.

        [Section 111 inserted: No. 66 of 1987 s. 9.]