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Evidence (National Uniform Legislation) Act 2011
38Unfavourable witnesses
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38 Unfavourable witnesses
(1) A party who called a witness may, with the leave of the court,
question the witness, as though the party were cross-examining the
witness, about:
(a) evidence given by the witness that is unfavourable to the
(b) a matter of which the witness may reasonably be supposed to
have knowledge and about which it appears to the court the
witness is not, in examination in chief, making a genuine
attempt to give evidence; or
(c) whether the witness has, at any time, made a prior
inconsistent statement.
(2) Questioning a witness under this section is taken to be cross-
examination for the purposes of this Act (other than section 39).
(3) The party questioning the witness under this section may, with the
leave of the court, question the witness about matters relevant only
to the witness's credibility.
The rules about admissibility of evidence relevant only to credibility are set out in