This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.
allows a party, with the leave of the court, to cross-examine its own witness about—
evidence the witness has given that is unfavourable to the party;
a matter about which the witness may reasonably be supposed to have knowledge but about which it appears to the court the witness is not, in examination in chief, making a genuine attempt to give evidence; or
whether the witness has made a prior inconsistent statement.
The clause specifies the manner in which the questioning of an unfavourable witness is to be conducted and the matters which the court may take into account in deciding whether or not to grant leave to a party to cross-examine its own witness. Subclause (7) provides that a party that is also a witness in the proceeding can be cross-examined under this clause, where that proceeding is being conducted in that party's name by an insurer or another person (or on their behalf). This clause was included in the UEAs to overcome the decision of the High Court of Australia in Vocisano v Vocisano (1974) 130 CLR 267.