To cross-examine or not?

In Gooley v Gooley [2021] NSWSC 56 Sackar J considered the modern application of the test for testamentary capacity famously set out in Banks v Goodfellow (1870) LR 5 QB 549. 

Traps and pitfalls in briefing experts and the forensic decision not to cross-examine them were also discussed in the judgment, providing useful guidance for all practitioners.   Tamasin Jonker appeared for the successful defendant in the matter – with Joshua Knackstredt and instructed by Macpherson Kelley.

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