The risks of cross-examination by video link, Skype, Whats App

“Part of the reason for the importance of personal attendance involves cases where there might be a requirement to cross-examine significant witnesses as to credit, and that a video link in those circumstances has been held to be a type of process which usually puts a cross-examining party at a significant disadvantage.  And the Court refers to Picos v Healthengine Pty Ltd [2014] FCCA 640 and the cases there referred to, and a series of judgments of the Federal Court and the Full Court of the Federal Court, referring to the difficulties inherent in the cross-examination of a witness appearing by video link, including Campaign Master (UK) Ltd v Forty Two International Pty Ltd (No.3) [2009] FCA 1306; (2009) 181 FCR 152, Mulherin v Commissioner of Taxation [2013] FCAFC 115; (2013) 96 ATR 835; (2013) ATC 20-423, and Commissioner of Taxation v Oswal (No.5) [2015] FCA 1504”

 

Roberts v Willcocks (2017) FCCA 459