MA v QIN and Another

79 VR 658·Attiwill J
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79 VR 658
MA v QIN and Another Supreme Court of VictoriaAttiwill J 30 January, 2 February 2026[2026] VSC 21Practice and procedure — Evidence — Witnesses — Witness based in China and subject to travel restrictions — PRC Civil Procedure Law prohibited taking of evidence from a China-based witness without permission of competent Chinese authorities — Letter of request to judicial authority to facilitate audio-visual examination and cross-examination — Whether letter of request should be sent — Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters — Supreme Court (General Civil Procedure) Rules 2025 (Vic), rr 41.01(1)(b), 41.13.

Q, a Chinese resident, was subject to a Chinese court order prohibiting him from leaving China (the exit ban). The defendants applied for the Court to issue a letter of request to the Central Authority of the People’s Republic of China under art 2 of the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (the Hague Evidence Convention), to request the assistance of Chinese judicial authorities in taking Q’s evidence in China.

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