70109 Study Guide - Final Guide: Rational Basis Review, Marion Merrell Dow, 40 Minutes
Document Summary
Opinion: any inference drawn from observed and communicable facts or data. (see lithgow city council v jackson [2011] hca 36 and various other authorities). The opinion rule (1) evidence of an opinion is not admissible to prove the existence of a fact about the existence of which the opinion was expressed. Simply means: evidence of an opinion cannot be used as evidence of a fact. Dasreef pty ltd v hawchar [2011] hca 21. The high court looks at this phrase to prove the existence of a fact. The way in which the opinion rule is expressed does not confine expert witnesses to expressing opinions about matters of fact. Rather the opinion rule is expressed as it is in order to direct the party that is tenuring opinion evidence to tell us why the opinion is relevant. This means you have to identify why the evidence is relevant to establishing the fact in issue.
