“Why is preparing cross-examination like cooking chicken on a barbecue?” This is one of the questions that was addressed when I did the Advanced Trial Advocacy Course in Brisbane a while ago.

The answer is, “Because it always takes longer than you think”.

I was well into preparing my cross examination material for a short trial in the Supreme Court here – fixed for trial tomorrow – when yesterday I was informed by my instructing solicitors that the issue to be tried had been settled. I had already advised as to the desirability of settlement, not because of any lack of confidence that we would win, but because it was relatively unlikely that my clients would ever see the benefit of any costs award. It is relatively rare that litigation in the courts is a sensible way of resolving construction disputes.

Nevertheless, I have to confess to a frisson Continue reading →