Victorian Bar Entrance Exam Practice Questions - Victorian Bar Entrance Examination Exam

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During a civil proceeding, opposing counsel asks your client's expert witness to assume facts that are not in evidence and will not be proved. As counsel, what is the most appropriate objection?

Object that the question lacks a proper factual foundation, because expert opinion under s 79 must be based on facts identified and capable of proof Object that the witness is biased and should be stood down Object on the ground of hearsay under s 59 No objection is available; assumptions are always permissible in cross-examination

Correct Answer:

Object that the question lacks a proper factual foundation, because expert opinion under s 79 must be based on facts identified and capable of proof

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