Federal Court Rules 2011

On the making of an order under section 7(1)(b) or (c) of the Foreign Evidence Act 1994 for the sending or issue of a letter of request, the party obtaining the order must lodge with a Registrar:

a form of the appropriate letter of request; and

the interrogatories (if any) and cross‑interrogatories (if any) to accompany the letter of request; and

if English is not an official language of the country to whose judicial authorities the letter of request is to be sent—a translation of each of the documents mentioned in paragraphs (a) and (b) in an official language of the country appropriate to the place where the evidence is to be taken; and

an undertaking by the party obtaining the order, or the party’s lawyer:

to be responsible for all expenses incurred by the Court, or by any person at the request of the Court, for the letter of request; and

on being given notice of the amount of those expenses—to pay the amount to the Chief Executive Officer.

If expenses are not paid, an order may be made under rule 29.22(4).

A translation lodged under paragraph (1)(c) must be certified by the person making it to be a correct translation, and the certificate must state the person’s full name and address and the person’s qualifications for making the translation.