We recently published an article on
obtaining evidence in Australia for use in foreign proceedings
under the Hague Convention on the Taking of Evidence Abroad in
Civil or Commercial Matter (convention) by
way of letter of request. This article conversely looks at how a
letter of request under the convention can be used to ask a foreign
court to take evidence from a witness for use in Australian
proceedings.
In all jurisdictions in Australia, there is provision for the
court to make an order for the issue of a letter of request to the
judicial authorities of another country (provided that country is
also a signatory to the convention) to take evidence from a person
outside Australia1.1 The request is transmitted by the
Australian Government to the designated 'Central Authority'
of the foreign country, which then refers it to the relevant
court.
