Court Procedures Rules 2006

The court may, on the conditions (if any) it considers just, allow a party to a proceeding to tender as evidence in the proceeding—

a person’s evidence taken in an examination held under an order made in the proceeding under rule 6813 (Order for taking evidence otherwise than at trial); or

a record of that evidence.

Note 1 The Foreign Evidence Act 1994 (Cwlth), s 9, s 12, s 13, s 14 and s 15 deal with the use of evidence taken under that Act.

Note 2 Pt 6.2 (Applications in proceedings) applies to an application under this rule.

However, evidence of a person tendered under subrule (1) is not admissible if the evidence would not have been admissible if it had been given or produced at the hearing.

Also, the court may exclude from the proceeding evidence taken under an order under rule 6813 even if it is otherwise admissible, if it considers that it is in the interests of justice to exclude the evidence.

Without limiting rule 6016 (Application in proceeding—oral application), an application under this rule may be made orally, unless the court otherwise orders on its own initiative.

In this rule:

evidence, in relation to an examination, includes—

a document produced at the examination (including an exhibit); and

answers made, whether in writing, or orally and reduced to writing, to any interrogatories presented at the examination.