Document ID: chunk:federal_register_of_legislation:C2024C00723:section:199
Version: federal_register_of_legislation:C2024C00723
Segment Type: section
Provision Reference: s 199
Character Range: 231684–233087

199  Evidence may be given orally or by affidavit
 (1) Testimony in a proceeding in the Federal Circuit and Family Court of Australia (Division 2) is to be given orally or by affidavit.
 (2) However, the Federal Circuit and Family Court of Australia (Division 2) or a Judge may:
 (a) direct that particular testimony is to be given orally; or
 (b) direct that particular testimony is to be given by affidavit.
 (3) Subsections (1) and (2) have effect subject to:
 (a) any other provision of this Chapter; and
 (b) the Rules of Court; and
 (c) any other law of the Commonwealth.

Cross‑examination of person who makes an affidavit
 (4) If:
 (a) a person makes an affidavit; and
 (b) a party to a proceeding in the Federal Circuit and Family Court of Australia (Division 2) adduces, or proposes to adduce, evidence by the affidavit;
a party to the proceeding may request the person to appear as a witness to be cross‑examined with respect to the matters in the affidavit.
 (5) Subsection (4) has effect subject to the Rules of Court.
 (6) If:
 (a) a request under subsection (4) is given to a person who has made an affidavit; and
 (b) the person does not appear as a witness to be cross‑examined with respect to the matters in the affidavit;
the Federal Circuit and Family Court of Australia (Division 2) is to give the matters in the affidavit such weight as the Court thinks fit in the circumstances.