Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wotton v State of Queensland (No 4) [2015] FCA 1075 Citation: Wotton v State of Queensland (No 4) [2015] FCA 1075
Parties: LEX PATRICK WOTTON, AGNES WOTTON and CECILIA ANNE WOTTON v STATE OF QUEENSLAND and COMMISSIONER OF THE POLICE SERVICE WHO IS SUED AS THE COMMISSIONER OF THE POLICE SERVICE AND AS REPRESENTING THE MEMBERS OF THE QUEENSLAND POLICE SERVICE ENGAGED IN THE IMPUGNED CONDUCT
File number: QUD 535 of 2013
Judge: MORTIMER J
Date of judgment: 29 September 2015
Catchwords: EVIDENCE – application to adduce further expert evidence as exception to credibility rule – proposed further expert evidence on specific parts of oral evidence given by particular witnesses at hearing – consideration of relevant factors including expert not present when evidence given; capacity of evidence to confuse by revisiting oral evidence already given; potential to compromise independence of expert; whether expert evidence could substantially affect assessment of the credibility of witnesses; selective nature of proposed evidence – application refused
Legislation: Evidence Act 1995 (Cth) ss 101A, 102, 108C, 108C(1)(b)(ii), 135(b), 135(c)
Cases cited: Coombe v Bessell [1994] TASSC 66; 4 Tas R 149 Dupas v The Queen [2012] VSCA 328; 40 VR 182 Harris v Bellemore [2009] NSWSC 1496 Harris v Bellemore [2009] NSWSC 1497 Jango v Northern Territory (No 4) [2004] FCA 1539; 214 ALR 608 MA v The Queen [2013] VSCA 20; 40 VR 564
Date of hearing: 29 September 2015
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