How do you maintain compliance to evidentiary standards?
In international proceedings, evidence can be collected in Australia for foreign trials, often through the Hague Evidence Convention, which facilitates evidence collection for civil and commercial matters but excludes criminal cases. Video and audio links can be used for testimony without Australian authorities’ intervention.
Obtaining Evidence
In foreign proceedings, evidence can be obtained in Australia if it meets both local and international procedural standards.
Voluntary video appearance
Australian laws permit voluntary appearance in foreign courts via video link without direct intervention from Australian authorities.
6-month processing time
A "Letter of Request" for evidence under the Hague Convention must be issued to either the Attorney-General’s Department or a local Australian court, with a typical processing time of six months.
In matters of foreign proceedings, cooperating witnesses can obtain evidence in Australia for as long as they are compliant with the procedural and evidentiary standards by which it is expected in both the local and Australian jurisdictions.
A person or a corporation who has been ordered by the Australian Courts to compel on giving an oral or written evidence for use in foreign proceedings can be typically obtained under the Hague Evidence Convention, a bilateral treaty that allows judicial authorities in one signatory country to collect evidence for use of international trials held in another signatory country.
Will video or audio ties provide evidence?
Yes. Most of Australian jurisdiction laws allows a person to voluntarily appear in foreign Court via video link without any interventions or involvement of Australian authorities.
What is Hague Evidence Convention applicable to?
It is a diplomatic channel that assists foreign Courts in the collection of evidences from its co-signatory countries: Unites States, China, India, France, Japan, Korea, Singapore and United Kingdom.
The convention does NOT apply to criminal proceedings and ONLY applies to ‘civil or commercial matters’ before a judicial authority. A party may notify a court in a country which is a signatory to the Convention and ask for a Letter of Request under the Convention for an Australian Court to obtain evidence on matters of civil and commercial matters.
The Letter of Request is typically prepared by the party who is applying to obtain a foreign evidence and will be issued by the foreign court.
Evidence for foreign proceedings can be obtained from Australia by complying with both local and international standards, facilitated through the Hague Evidence Convention for civil or commercial matters.
For urgent evidence requests under the Hague Convention, consider issuing a Letter of Request to an Australian court or local practitioner to expedite the process, typically taking six months.
What are the contents of Letter of Request?
The letter must comply with the rules of Australia in terms of collecting evidence. Hence, it is advisable to seek professional advice from Australian practitioner in preparing the letter:
- nature of evidence to be gathered
- essential information of the parties involved
- the requesting authority and the requested authority
- evidence to be collected or any judicial act to be conducted
To whom the Letter of Request must be issued to?
- the Attorney-General’s Department of the Commonwealth of Australia; or
- an Australian Court via a nominated individual (e.g., an Australian lawyer)
A “Letter of Request” issued to an Attorney-General’s Department typically takes six months to be executed. Nominating a local practitioner instead in events of urgent obtainment of evidences is therefore necessary to commence the proceedings for ‘Letter of Request” to give effect.
