This passage in an unfair dismissal decision of the Fair Work Commission contains very interesting observations about the utility of evidence in defended cases. I could not agree more with them.
“4 Factual findings
[32] The making of factual findings can prove difficult when parties are self-represented. This is because there is a lack of appreciation of the role and relevance of cross-examination. Where one might ordinarily rely upon the adages of ‘unchallenged evidence’ or that a party ‘did not contest’ the evidence therefore giving rise to a conclusion of acceptance of the evidence, this conclusion proves difficult to draw when parties are none the wiser about evidential rules and have effectively declined to engage in cross examination.
[33] It has previously been said that it is trite that the tribunal of fact having seen and heard the witness, is to decide whether the evidence of the witness is worthy of acceptance and this may involve accepting or rejecting the whole of the evidence or accepting some of the evidence and rejecting the rest.3 As will become apparent shortly, I am of the view that Savage engaged in that not unusual approach of communicating falsehoods about some things whilst telling the truth about others in his witness statement, noting that at hearing, he barely said a thing.”
Diaz v Precise Plumbing And Gas Pty. Ltd.- [2025] FWC 3259 delivered 30 October 2025 per Beaumont DP