A party who wishes to give potentially self-incriminating evidence in chief through their own legal representative cannot obtain a s 128 certificate under the Evidence Act 1995 (NSW), because such a party is not compellable to give that evidence and therefore does not 'object' within the meaning of s 128(1). The availability of s 128 turns not on whether evidence is given in chief or cross-examination, but on whether the witness would otherwise be compellable to give the evidence. Non-party witnesses called in a party's case retain the ability to object under s 128 even when giving evidence in chief. The position of company directors giving evidence for a corporate party remains an open question.
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