sec.4Order made in proceeding

sec.4 Order made in proceeding

In any civil or criminal proceeding before a court, the court may, on the application of any party to the proceeding, in its discretion and if it appears in the interests of justice to do so, make in relation to a person outside Australia an order— for the examination of the person on oath or affirmation at any place outside Australia before a judge or, as the case may be, a magistrate of the court, an officer of the court or such other person as the court may appoint; or for the issue of a commission for the examination of the person on oath or affirmation at any place outside Australia; or for the issue of a letter of request to the judicial or administrative authorities of a foreign country, as may be appropriate having regard to the law of that country, to take or cause to be taken the evidence of the person. In determining whether it is in the interests of justice to make an order under subsection (1) in relation to the taking of evidence of a person, the matters to which the court shall have regard include the following— whether the person is willing or able to come to Queensland 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. Where a court makes an order under subsection (1) of the kind referred to in subsection (1) (a) or (b) , the court may, in its discretion, at the time of making the order or at a subsequent time, give such directions as it thinks just relating to the procedure to be followed in and in relation to the examination, including directions as to the time, place and manner of the examination, and to any other matter that the court thinks relevant. Where a court makes, in relation to a proceeding, an order under subsection (1) of the kind referred to in subsection (1) (c) , the court may, in its discretion, include in the order a request as to any matter relating to the taking of that evidence, including any of the following matters— the examination, cross-examination or re-examination of the person, whether the evidence of the person is given orally, upon affidavit or otherwise; the attendance of the legal representative of each party to the proceeding and the participation of those persons in the examination in appropriate circumstances; any prescribed matter. (sec.4-ssec.1) In any civil or criminal proceeding before a court, the court may, on the application of any party to the proceeding, in its discretion and if it appears in the interests of justice to do so, make in relation to a person outside Australia an order— for the examination of the person on oath or affirmation at any place outside Australia before a judge or, as the case may be, a magistrate of the court, an officer of the court or such other person as the court may appoint; or for the issue of a commission for the examination of the person on oath or affirmation at any place outside Australia; or for the issue of a letter of request to the judicial or administrative authorities of a foreign country, as may be appropriate having regard to the law of that country, to take or cause to be taken the evidence of the person. (sec.4-ssec.2) In determining whether it is in the interests of justice to make an order under subsection (1) in relation to the taking of evidence of a person, the matters to which the court shall have regard include the following— whether the person is willing or able to come to Queensland 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. (sec.4-ssec.3) Where a court makes an order under subsection (1) of the kind referred to in subsection (1) (a) or (b) , the court may, in its discretion, at the time of making the order or at a subsequent time, give such directions as it thinks just relating to the procedure to be followed in and in relation to the examination, including directions as to the time, place and manner of the examination, and to any other matter that the court thinks relevant. (sec.4-ssec.4) Where a court makes, in relation to a proceeding, an order under subsection (1) of the kind referred to in subsection (1) (c) , the court may, in its discretion, include in the order a request as to any matter relating to the taking of that evidence, including any of the following matters— the examination, cross-examination or re-examination of the person, whether the evidence of the person is given orally, upon affidavit or otherwise; the attendance of the legal representative of each party to the proceeding and the participation of those persons in the examination in appropriate circumstances; any prescribed matter.