Court Procedures Rules 2006

An application for a direction under the Evidence (Miscellaneous Provisions) Act 1991, section 20 (Territory courts may take evidence and submissions from participating States) may be made in a civil or criminal proceeding.

Pt 6.2 (Applications in proceedings) applies to an application or a direction under this rule.

The application may be made orally.

The application must be supported by an affidavit stating—

why the evidence should be taken or submissions made by audiovisual link or audio link; and

the nature of any evidence to be taken; and

the number of witnesses to be examined; and

whether issues of character are likely to be raised; and

the expected duration of the evidence or submissions; and

a description of the facilities that are available, or that can reasonably be made available, for the evidence to be taken or submissions to be made; and

that the requirements of the Evidence (Miscellaneous Provisions) Act 1991, section 20 (2) can be met.

In deciding whether to make the direction, the court may have regard to the following matters:

the matters included in the applicant’s affidavit;

the cost and convenience to the witnesses and parties.

Subrule (4) does not limit the matters to which the court may have regard.