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Update: NSW Court of Appeal endorses Justice Jackman’s criticism of the use of direct speech in affidavit evidence

Following our recent blog on Kane’s Hire Pty Ltd v Anderson Aviation Australia Pty Ltd [2023] FCA 381, the New South Wales Court of Appeal recently considered Justice Jackman’s criticism of the use of direct speech in affidavit evidence in Gan v Xie [2023] NSWCA 163. 
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Recent criticism by the Federal Court: Use of direct speech in affidavit evidence

In the recent matter of Kane’s Hire Pty Ltd v Anderson Aviation Australia Pty Ltd [2023] FCA 381, Justice Jackman criticised the current standard practice of recording conversations in affidavit evidence. In his judgement, Justice Jackman challenged the recording of conversations as direct speech in affidavit evidence, when the witness may 'only recall the ‘gist’ of a conversation, stating that the practice is ‘logically, ethically and grammatically wrong’.

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