Turner and Brown (No 2)

In *Turner and Brown (No 2)*, the respondent and a witness, Ms A, applied for certificates under section 128 of the *Evidence Act 1995* (Cth). The proceedings concerned family law matters.

The central legal issue before the court was whether to grant certificates to the respondent and Ms A under section 128 of the *Evidence Act 1995* (Cth). This section provides protection against self-incrimination for evidence given willingly by a person that might tend to prove they have committed an offence against or arising under Australian law.

The court determined that certificates should be granted to both the respondent and Ms A. The respondent received a certificate in relation to the evidence contained in her affidavit filed on 25 February 2014, as well as any further evidence she might give and any questions she might ask of witnesses. Similarly, Ms A received a certificate concerning her evidence given willingly during cross-examination and re-examination on the day of the hearing.

The court ordered that pursuant to section 128 of the *Evidence Act 1995* (Cth), a certificate be given to the respondent and to the witness, Ms A, in relation to their respective evidence, as that evidence may tend to prove that they have committed an offence against or arising under Australian law.