6Orders for taking evidence abroad

#### 6 Orders for taking evidence abroad 6 Orders for taking evidence abroad > > (1) 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— > > > > > (a) 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 > > > > > (b) for issue of a commission for examination of the person on oath or affirmation at any place outside Australia, or > > > > > (c) for issue of a letter of request to the judicial authorities of a foreign country to take the evidence of a person or cause it to be taken. > > > (2) In deciding whether it is in the interests of justice to make such an order, the matters to which the superior court is to have regard include the following— > > > > > (a) whether the person is willing or able to come to the State to give evidence in the proceeding, > > > > > (b) whether the person will be able to give evidence material to any issue to be tried in the proceeding, > > > > > (c) whether, having regard to the interests of the parties to the proceeding, justice will be better served by making or refusing to make the order.