EVIDENCE - application for letter of request to be sent to judicial authorities of the United Kingdom pursuant to s 7 of the Foreign Evidence Act 1994 (Cth) - where person is unwilling to come to Australia to give evidence - where person is able to give evidence material to issues to be tried - where interests of justice are served by granting the order - whether trial judge can be appointed to take the evidence of the person in London
PRACTICE AND PROCEDURE - whether trial judge could hear final submissions in London - source of power of the Court to hear final submissions abroad - s 8(2) of the Foreign Evidence Act 1994 (Cth) - ss 47B and 48(1) of the Federal Court of Australia Act 1976 (Cth)
PRACTICE AND PROCEDURE - costs requirement in [3.6] of the Federal Court Overseas Service and Evidence Practice Note (GPN-OSE) - whether respondent's undertaking to pay the Court's and applicants' costs and expenses of hearing in London creates apprehension of bias
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