Ma v Qin

[2026] VSC 21

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Interrogate

Catchwords

1. Evidence
2. › Evidence from overseas
3. › Audio-visual link evidence from China
4. › Whether giving evidence by audio-visual link from China contravenes Article 294 of the Civil Procedure Law of the People's Republic of China
5. › Expert evidence on foreign law
6. › Civil Procedure Law of the People's Republic of China (amended 2023), Art 294
1. Practice and Procedure
2. › Letters of request
3. › Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters
4. › Application to send letter of request to judicial authorities in China
5. › Whether in the interests of justice to grant order
6. › Supreme Court (General Civil Procedure) Rules 2025 (Vic), r 41.01(1)(b)
7. › Evidence (Miscellaneous Provisions) Act 1958 (Vic), s 9B

Quick Take

Giving evidence by audio-visual link from China without the consent of Chinese authorities or a letter of request under the Hague Convention contravenes Article 294 of the Chinese Civil Procedure Law, and Article 294 does not distinguish between parties and non-party witnesses.

Case Details

Citation[2026] VSC 21

CourtVSC

JurisdictionVictoria

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