Foreign Evidence Act 1994

In any proceeding before a superior court, the court may, if it appears in the interests of justice to do so, on the application of a party to the proceeding, make an order, relating to a person outside Australia:

for examination of the person on oath or affirmation at any place outside Australia before a judge of the court, an officer of the court or such other person as the court may appoint; or

for issue of a commission for examination of the person on oath or affirmation at any place outside Australia; or

for issue of a letter of request to the judicial authorities of a foreign country to take the evidence of the person or cause it to be taken.

In deciding whether it is in the interests of justice to make such an order, the matters to which the court is to have regard include the following:

whether the person is willing or able to come to Australia to give evidence in the proceeding;

whether the person will be able to give evidence material to any issue to be tried in the proceeding;

whether, having regard to the interests of the parties to the proceeding, justice will be better served by granting or refusing the order.