An application under s 38(1) of the Evidence Act 1995 (Cth) for leave to cross-examine one's own witness requires only that one or more of the threshold factors in s 38(1)(a), (b) or (c) be established. There is no additional requirement to show a motive or reason for the witness to give untruthful evidence. Once the threshold is met, the court exercises its discretion having regard to s 38(6), s 192(2), and in appropriate cases ss 135 and 137.
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