Witness immunity bars all civil claims for damages based on conspiracy to procure false evidence in court proceedings, regardless of how the cause of action is framed, and extends to all persons involved in the conspiracy including non-witnesses, non-parties, legal practitioners, and corporations answering subpoenas. The immunity continues to apply even after the judgment obtained by the false evidence has been set aside. The only civil remedy available to a party injured by false evidence is an equitable proceeding to set aside the judgment. There is an unresolved tension between Quade, Wentworth v Rogers (No 5), and Clone regarding the causation standard for setting aside judgments for fraud based on non-disclosure of documents.
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