Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities and Investments Commission v Wilson [2020] FCA 873 File number: WAD 259 of 2018
Judge: JACKSON J
Date of judgment: 23 June 2020
Catchwords: PRACTICE AND PROCEDURE - application for witnesses to give evidence by video link - application for counsel to present submissions by video link - witness prevented from entering Australia by reason of SARS-CoV-2 (coronavirus) pandemic - trial unable to proceed without evidence of witness - possible injustice if witness not cross-examined in person - risk of unfair trial - application dismissed
Legislation: Corporations Act 2001 (Cth) s 180 Evidence Act 1906 (WA) ss 106N, 106R Federal Court of Australia Act 1976 (Cth) ss 37M, 47A, 47C
Cases cited: Australian Competition and Consumer Commission v StoresOnline International Inc [2009] FCA 717 Australian Securities and Investments Commission (ASIC) v GetSwift Limited [2020] FCA 504 Campaign Master (UK) Ltd v Forty Two International Pty Ltd (No 3) [2009] FCA 1306; (2009) 181 FCR 152 Capic v Ford Motor Company of Australia Limited (Adjournment) [2020] FCA 486 Corrigan v Commvault Systems (Aust) Pty Ltd [2011] FCA 107; (2011) 192 FCR 71 Director of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 627; (2015) 231 FCR 531 Haiye Developments Pty Ltd v The Commercial Business Centre Pty Ltd [2020] NSWSC 732 JKC Australia LNG Pty Ltd v CH2M Hill Companies Ltd [2020] WASCA 38 Re HIH Insurance (in prov liq); Australian Securities and Investments Commission v Adler [2002] NSWSC 483; (2002) 42 ACSR 80 Roberts-Smith v Fairfax Media Publications Pty Limited (No 4) [2020] FCA 614
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