Alfred v Lanscar [2007] FCA 833

Alfred v Lanscar [2007] FCA 833

Adopted witness statements annexed to affidavits are admissible as evidence-in-chief in this Court, subject to specific objections on other grounds if made; the general objection as to form and hearsay is rejected.

Jurisdiction
Australia
Judgment Date
30 May 2007
Procedural Posture
Civil Penalty Application / Interlocutory Judgment on Admissibility of Evidence
Outcome
General objection to admissibility of adopted statements rejected; statements admitted as evidence-in-chief subject to any other objections.
Legal Topics
['admissibility of Prior Statements' 'sworn Affidavits' 'hearsay Exception' 'workplace Relations']
['evidence' 'industrial Law'] ['admissibility of Prior Statements' 'sworn Affidavits' 'hearsay Exception' 'workplace Relations']

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Procedural Posture

Civil Penalty Application / Interlocutory Judgment on Admissibility of Evidence

Legal Issues

  1. 1 ['Whether witness statements adopted in affidavits are admissible as evidence-in-chief' 'Whether the adopted statements are inadmissible hearsay under the Evidence Act 1995 (Cth)']

Ratio Decidendi

Adopted witness statements annexed to affidavits are admissible as evidence-in-chief in this Court, subject to specific objections on other grounds if made; the general objection as to form and hearsay is rejected.

Court Disposition

General objection to admissibility of adopted statements rejected; statements admitted as evidence-in-chief subject to any other objections.

Orders

  • []