Evidence – admissibility of prior written statements – Proctor

In Australian Building and Construction Commissioner v Albert [2021] FCA 168 (3 March 2021) the court ruled on certain objections to evidence in the proceeding.

Some of the applicant’s witnesses gave evidence in chief by affidavit, which affidavits referred to and annexed copies of earlier statements. The respondents objected to evidence of this nature as being prior statements made to the applicant (category 1 evidence) and prior statements written, or purportedly written, by the deponent after the relevant events (category 2 evidence).

The objections of the respondent included that these statements were an attempt to bolster the credibility of the relevant witnesses and were thereby inadmissible. The applicant submitted…