Aspects of Cross-Examination on Documents (2006)

On 22 March 2006, Graham Gibson KC and the now Honourable Justice Declan Kelly presented a joint CPD Seminar that examined some aspects of cross examination on documents. The Seminar was motivated by a ruling given by Justice Chesterman during the course of the trial in Southern Cross Mine Management Pty Ltd v Ensham Resources Pty Ltd [2005] QSC 233. The ruling concerned the cross examination of a witness about the contents of a document not made by that witness.

The Seminar ranged well beyond that issue; dealing with topics such as proving documents, refreshing memory, tender under compulsion, cross examination on pleadings and restrictions on the freedom to
cross examine on documents.

A copy of the paper can be found here.