Commonwealth Numbered Acts

FEDERAL COURT OF AUSTRALIA ACT 1976 No. 156 of 1976 - SECT 47

47. (1) In a 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.

(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 solicitor to such a document.

(3) The Court or a Judge may at any time, for sufficient reason and on such
conditions as are just, order that particular facts may be proved by affidavit
at the trial of a cause, or that the affidavit of a person may be read at the
trial of a cause.

(4) Notwithstanding any order under sub-section (3), if a party to a cause
desires in good faith that the maker of an affidavit (other than an affidavit
referred to in sub-section (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 the foregoing provisions of this section and without prejudice
to any other law that would, if this sub-section had not been enacted,
expressly permit any testimony to be otherwise given, testimony at the trial
of causes shall be given orally in court.