Use of affidavit and self-incrimination

Australian Securities and Investments Commission v Managed Investments Pty Ltd (No 7) [2014] QSC 72

 

JUDGE:

Douglas J

ORDER:

Direct that, pursuant to the Uniform Civil Procedure Rules1999 (Qld) r439(5)(b), the affidavit of Mr Jason Maywald be used without Mr Maywald being cross-examined in relation to it.

CATCHWORDS:

EVIDENCE – AFFIDAVITS AND STATUTORY DECLARATIONS– AFFIDAVITS– USE OF AFFIDAVITS– WHEN MAY BE USED IN GENERAL– where the witness was ordered to answer a question whether he had signed an affidavit– where the witness acknowledged his signature on the affidavit– where the witness claimed privilege against self-incrimination– where the witness was not asked any further questions – whether the affidavit should be admitted into evidence – whether there is a common law discretion to exclude admissible evidence in civil cases– how any discretion to admit or exclude evidence, including evidence admissible pursuant to s 92 of the Evidence Act 1977 (Qld), should be exercised.

 

David Cormack – Brisbane Barrister.

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