What role does evidence play in proceedings started by a claim in Queensland?

Study for the Queensland Bar Exam. Prepare with flashcards and multiple-choice questions, each featuring hints and detailed explanations. Get ready for success!

In proceedings initiated by a claim in Queensland, evidence plays a crucial role in establishing the facts of the case. The correct understanding is that evidence is primarily given orally, allowing the parties to present their case in a more dynamic way. While affidavits can be used to provide evidence, they are not the only form. The option that accurately reflects this is the one that states evidence is presented orally and may be supplemented by affidavit if an application is made. This flexibility is important in litigation, as it allows for different forms of evidence to be tailored to the needs of the specific case.

Additionally, it is essential to understand that while affidavits are a common method for submitting evidence, they require a formal application if they are to be used in the hearing. This requirement ensures that all parties have the opportunity to contest or respond to the evidence presented in an affidavit format. The ability to present evidence orally also provides an opportunity for questioning and clarity through cross-examination, enhancing the pursuit of truth in court proceedings.

In contrast, the other choices do not accurately describe the role and submission of evidence in this context, as they either incorrectly limit the forms of evidence or misunderstand the nature of contesting evidence in court.

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