Document ID: chunk:federal_register_of_legislation:C2024C00819:section:47
Version: federal_register_of_legislation:C2024C00819
Segment Type: section
Provision Reference: s 47
Character Range: 307354–309819

47  Oral, video link, telephone and affidavit evidence

Civil proceedings other than trials of causes
 (1) In a civil proceeding, not being the trial of a cause, testimony shall be given by affidavit or as otherwise directed or allowed by the Court or a Judge.
Note: For testimony etc. by video link, audio link or other appropriate means, see sections 47A to 47F.

Civil trials of causes
 (2) At the trial of a cause, proof may be given by affidavit of the service of a document in or incidental to the proceedings in the cause or of the signature of a party to the cause or of his or her solicitor to such a document.
 (3) The Court or a Judge may at any time, for sufficient reason and on such conditions (if any) as the Court or Judge thinks necessary in the interests of justice, direct or allow proof by affidavit at the trial of a cause to such extent as the Court or Judge thinks fit.
 (4) Notwithstanding any order under subsection (3), if a party to a cause desires in good faith that the maker of an affidavit (other than an affidavit referred to in subsection (2)) proposed to be used in the cause be cross‑examined with respect to the matters in the affidavit, the affidavit may not be used in the cause unless that person appears as a witness for such cross‑examination or the Court, in its discretion, permits the affidavit to be used without the person so appearing.
 (5) If the parties to a cause so agree and the Court does not otherwise order, testimony at the trial of the cause may be given by affidavit.
 (6) Subject to this section and section 47A and without prejudice to any other law that would, if this subsection had not been enacted, expressly permit any testimony to be otherwise given, testimony at the trial of causes shall be given orally in court.
Note: For testimony etc. by video link, audio link or other appropriate means, see sections 47A to 47F.
 (7) Subsections (1) to (6) do not apply in relation to criminal proceedings.

Criminal proceedings
 (8) Testimony in criminal proceedings must be given orally unless:
 (a) the testimony is given in another form:
 (i) agreed to between the parties; and
 (ii) to which the Court does not object; or
 (b) the testimony is given in accordance with this or any other Act, or with any law applying under subsection 68(1) of the Judiciary Act 1903 in relation to the proceedings.
Note: For testimony etc. by video link, audio link or other appropriate means, see sections 47A to 47F.