CTHIn ForceAct
Federal Court of Australia Act 1976
46Orders and commissions for examination of witnesses
Start here
Get a plain-English read of 46
Turn the raw legal text into a practical explanation grounded in Federal Court of Australia Act 1976.
#### 46 Orders and commissions for examination of witnesses
The Court or a Judge may, for the purposes of any proceeding before it or him or her:
(a) order the examination of a person upon oath or affirmation before the Court, a Judge, an officer of the Court or other person, at any place within Australia; or
(b) order that a commission issue to a person, either within or beyond Australia, authorizing him or her to take the testimony on oath or affirmation of a person;
and the Court or a Judge may:
(c) by the same or a subsequent order, give any necessary directions concerning the time, place and manner of the examination; and
(d) empower any party to the proceeding to give in evidence in the proceeding the testimony so taken on such terms (if any) as the Court or Judge directs.
> Note: Proceedings include incidental proceedings, such as discovery (see the definition of proceeding in section 4).