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ARTICLE · 28 JUNE 2022

The importance of cross-examination in the Commission

Recent case shows the important role that cross-examination plays in matters where credibility is in issue.

AustraliaLitigation, Mediation & Arbitration

Our firm recently successfully defended a claim for a psychological injury arising out of a stabbing incident which occurred on 1 January 2017 when the worker was cleaning Burwood Park as part of his work duties.

Key to the defence of this matter was a cross-examination of the worker.

Facts

The worker was stabbed on 1 January 2017 in the upper torso, left shoulder and chest by an unknown assailant and as a result developed a psychological injury.

After the incident, information came to light that the worker may have been selling cannabis in the park. This allegation was put to the worker by his employer and he admitted to selling cannabis in the park on three previous occasions, but said he was not selling it when the stabbing took place.

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