64Evidence may be given orally or by affidavit

#### 64 Evidence may be given orally or by affidavit (1) Testimony in a proceeding in the Federal Circuit Court of Australia is to be given orally or by affidavit. (2) However, the Federal Circuit Court of Australia 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 Act; 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 Court of Australia 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 Court of Australia is to give the matters in the affidavit such weight as the Federal Circuit Court of Australia thinks fit in the circumstances.