Sections 7 and 8 of the Foreign Evidence Act 1994 (Cth) authorise the taking of evidence by video link from foreign jurisdictions, and s 121(1) of the Evidence Act 1906 (WA) is picked up as surrogate federal law by s 79 of the Judiciary Act 1903 (Cth) to provide an additional source of power. However, there is a real and unacceptable risk that immunity from suit may not extend to participants in video link proceedings conducted in a foreign jurisdiction, which is a significant factor in the exercise of discretion and may be addressed by framing the Letter of Request to seek a commission from the foreign court.
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