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COMMONWEALTHAct
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s 11

Orders for taking evidence abroad—family law matters

In force
Part 2Examination of witnesses abroad
Division 2Proceedings in the Federal Circuit and Family Court of Australia (Division 2) and inferior courts

11 Orders for taking evidence abroad—family law matters

(1)

The appropriate court may, on the application of a party to a proceeding before a court of summary jurisdiction exercising jurisdiction under the Family Law Act 1975, exercise the same power to make an order of the kind referred to in Division 1 for the purpose of that proceeding as the appropriate court has under that Division:

(a)

if it is the Federal Circuit and Family Court of Australia (Division 1)—for the purpose of any proceeding before it; or

(b)

otherwise—for the purpose of a proceeding before it when it is exercising jurisdiction under the Family Law Act 1975.

(2)

In this section:

appropriate court means:

(a)

if the proceeding takes place in a State other than Western Australia, or in a Territory other than the Northern Territory, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands—the Federal Circuit and Family Court of Australia (Division 1); or

(b)

if the proceeding takes place in Western Australia, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands—the Family Court of Western Australia; or

(c)

if the proceeding takes place in the Northern Territory—the Supreme Court of the Northern Territory.

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