Director, Office of the Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2013] FCAFC 8 (6 February 2013)

http://www.austlii.edu.au/au/cases/cth/FCAFC/2013/8.html

EVIDENCE – Cumulative effect of evidence – whether trial judge failed to consider cumulative effect of three witnesses’ evidence prior to rejecting that evidence – whether corroborative evidence was in fact coincidence evidence and therefore limited in the use to which it could be put – whether appellant’s case so strong that appellate court should find his case proved

EVIDENCE – Standard of proof – whether trial judge was required, when considering the ‘gravity of the matters alleged’ pursuant to s 140 of the Evidence Act 1995 (Cth), to consider also the likelihood of their occurrence

EVIDENCE – Rule in Jones v Dunkel – whether rule was required to be applied

EVIDENCE – Rule in Browne v Dunn – whether rule properly applied