New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 6.44

6.44 Orders

(1) The Supreme Court may, on the application of one or more of the parties and with the consent of all of the parties, order that proceedings be commenced in a foreign court in order to answer a question as to the principles of foreign law or as to their application.

(2) The Supreme Court may, on the application of one or more of the parties or of its own motion, order that the question of foreign law be answered by a referee appointed in accordance with Division 3 of Part 20.

(3) An order under subrule (1) must--

(a) state the question of foreign law to be answered, and

(b) state the facts or assumptions upon which the answer to the question is to be determined, and

(c) contain a statement to the effect that the foreign court may vary the facts or assumptions and the question to be answered, and

(d) state whether and to what extent the parties may depart from the facts or assumptions in the determination of the question by the foreign court.

(4) The Supreme Court may give directions for the preparation of a statement as to the nature of the issue out of which the question arises for inclusion with the question to be answered by the foreign court or the referee.