Federal Court. Does the "fact that a witness may find answering questions about unpleasant topics distressing and evince an unwillingness to answer ... mean that the witness is not in a fit state to give evidence"? Is the Tribunal "entitled to expect that a legal representative for a party will assist it in avoiding error"? Is the Tribunal: "bound to receive evidence of little probative value"; entitled "to be selective about the quality and quantity of material it will consider in any case"?
Some of the questions to the Federal Court (FCA) were as follows:
Question 1: Can it be said that "fact that a witness may find answering questions about unpleasant topics distressing and evince an unwillingness to answer does not mean that the witness is not in a fit state to give evidence"?
Question 2: Is the Tribunal "entitled to expect that a legal representative for a party will assist it in avoiding error"?
Question 3: Is the Tribunal "bound to receive evidence of little probative value"?
Question 4: Is the Tribunal entitled "to be selective about the quality and quantity of material it will consider in any case"?
The FCA answered those questions as follows: