What is the difference between an unfavourable and hostile witness under the Evidence Act Queensland (EAC)?

Under the Evidence Act in Queensland, the distinction between an unfavourable and a hostile witness is significant in terms of how they can be treated in court. A hostile witness is one who exhibits opposition or animosity towards the party calling them, which can be recognized when they provide testimony that is not only adverse but also tends to contradict the party's case. In contrast, an unfavourable witness may simply give evidence that does not support the calling party's case, but they do not exhibit a clear adversarial demeanor.

The correct understanding of a hostile witness is that they can indeed be asked leading questions and can be contradicted by evidence. This procedural allowance recognizes the challenges that arise when a witness refuses to cooperate in a way that supports the party's case. The court permits leading questions to elicit clear and direct responses from a hostile witness, thereby enabling the party that has called the witness to maintain a stronger grip on their line of questioning and rebuttal.

This delineation is crucial because it directly impacts how a barrister may construct their examination strategy in court. Since a hostile witness presents resistance, the ability to use leading questions facilitates a more effective cross-examination, allowing the barrister to confront inconsistencies or inaccuracies more directly. This is aligned