How is evidence from a cooperating witness obtained in
Australia?
Evidence should be taken in a manner that is consistent with the
procedural and evidentiary rules of both the local jurisdiction and
the Australian jurisdiction for which the evidence is required.
Can evidence be given by video or audio link?
Evidence can be taken by a witness located in Australia for a
foreign proceeding by using video or audio link. The laws of most
Australian jurisdictions do not prevent a person from voluntarily
appearing in a foreign Court via video link without the involvement
of Australian authorities.
Evidence obtained in Australia by compulsion for use in foreign
proceedings
Orders may be obtained from Australian Courts to compel a person
or corporation to give evidence, either orally or in writing, or
produce documents for use in foreign proceedings. Typically such
evidence is obtained under the Hague Evidence Convention, a
bilateral treaty or diplomatic channels.
