Assumption: "(Appeals) If a professional says something new in the witness box, I can raise it on appeal."
1 min readThis content reflects observational insights and lived community experiences. It does not constitute legal advice — always consult a qualified professional for your specific circumstances.
What People Expect
People think they can challenge a professional's oral evidence later if it went further than their written report.
Court Reality
Your chance to challenge it is cross-examination at the hearing. In a 2026 appeal, the judge said that having the opportunity to challenge that evidence at the time was enough to defeat the point on appeal.
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The Gap?
"(Appeals) If a professional says something new in the witness box, I can raise it on appeal."
Court Reality
Your chance to challenge it is cross-examination at the hearing. In a 2026 appeal, the judge said that having the opportunity to challenge that evidence at the time was enough to defeat the point on appeal.
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