iii. IMPROPER QUESTIONS Section 41 provides that the court must disallow a question put to a witness in cross-examination, or inform the witness that it need not be answered, if the court is of the opinion that the question is improper. Improper questions are also referred to as disallowable questions. A question is improper/disallowable if it: – is misleading or confusing (s 41(1)(a)), or – is unduly annoying, harassing, intimidating, offensive, oppressive, humiliating or repetitive(s 41(1)(b)), or – is put to the witness in a manner or tone that is belittling, insulting or otherwise inappropriate(s 41(1)(c)), or – has no basis other than a stereotype (for example, a stereotype based on the witness’s sex, race, culture, ethnicity, age or mental, intellectual or physical disability) (s 41(1)(d)) Section 41(2) provides that in determining whether a question is improper, the court will take into account several factors.

The most concise and updated Evidence Law Study Notes for Australian Law Students.

Does not include Model Exams and Model Exam Answers.
(Click here to purchase the Notes & Model Exam Answers)

Approximately 19296 words over 40 pages. Prepared in 2022.