What prose cannot force you to say

Back of the Envelope · Week 11

“…a paramount duty…to assist the Court impartially…”

The Federal Court’s Expert Evidence Practice Note — the duty the panel borrows the shape of.

A panellist can only challenge an assumption they can see

That is why the written disclosure was due before today, not produced on demand.

Disclosure and challenge are one mechanism — a report that hides its assumptions cannot be usefully cross-examined.

Accept · Reject · Widen

Accept — new evidence, or a flaw in your own reasoning, materially changes the assumption.

Reject — the challenge supplies no evidence and no reasoning that changes anything.

Widen — more uncertainty than your number implied, without justifying a move either way.

The new question the vocabulary doesn’t capture

Not whether you know accept, reject, and widen — whether the assumption survives being said aloud to someone allowed to keep pushing.

A clean concession is not a smaller achievement than holding your ground.

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