Direct speech evidence after Kane’s Hire and Gan v Xie: did you get the gist?
Courts are highlighting themes of direct speech witness evidence misuse across NSW and Kane’s Hire is being applied and settled more and more.
Courts are highlighting themes of direct speech witness evidence misuse across NSW and Kane’s Hire is being applied and settled more and more.
Electronically stored information is valuable documentary evidence because of its content, and it is marshalled in a variety of formats.
The Federal Court has examined the ‘usual practice’ of drafting affidavits in NSW and confirmed there is no rule requiring witnesses to use direct speech.
There is rarely a civil case in which an email, text, Facebook entry or webpage snapshot doesn’t feature, yet electronic evidence is often tendered without…