Cross-examination of an expert witness about the conclusions of another expert in another case is prohibited by s 44 of the Evidence Act 1995 (NSW) where evidence of the other expert's representation has not been admitted and the court is not satisfied it will be admitted. A breach of s 44 that enables the jury to learn of the other expert's conclusions, authorship, and implied authority may cause a miscarriage of justice where the impugned expert's evidence is central to the defence case.
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