JJ v Board of the Australian Crime Commission [2010] FCAFC 143

JJ v Board of the Australian Crime Commission [2010] FCAFC 143

It would not be appropriate to admit the document into evidence on appeal because parties made deliberate forensic decisions not to tender it at trial, and tendering it now, especially without opportunity for cross-examination, would not be fair.

Jurisdiction
Australia
Judgment Date
24 November 2010
Procedural Posture
Appeal / Hearing and Determination of Application to Tender Further Documents in Appeal
Outcome
Application to tender further documents refused.
Legal Topics
['evidence' 'appeals' 'forensic Choices']
[] ['evidence' 'appeals' 'forensic Choices']

Case Brief

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Procedural Posture

Appeal / Hearing and Determination of Application to Tender Further Documents in Appeal

Legal Issues

  1. 1 ['Whether the Court should grant leave to tender a document (Facts, Contentions and Legal Submissions) that was not tendered at trial']

Ratio Decidendi

It would not be appropriate to admit the document into evidence on appeal because parties made deliberate forensic decisions not to tender it at trial, and tendering it now, especially without opportunity for cross-examination, would not be fair.

Court Disposition

Application to tender further documents refused.

Orders

  • ["The respondents' application to tender further documents in the appeal be refused."]