News and Insights
Categories
Costs expert opinion rejected for not having direct experience in practising law in NSW
ACN 627 087 030 Pty Ltd as trustee for the YBL Trust (ABN 36 417 292 176) trading as Yates Beaggi Lawyers v Andrew
‘Impressive’ forensic lip-reader evidence ultimately unnecessary
Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369 In Lehrmann v Network Ten Pty Limited (Expert Evidence) [2023] FCA 1577, the
Weight of expert evidence reduced due to reliance on a party’s account, instead of specialised knowledge
Cho v Dayoub [2024] NSWDC 97 In this case, the court ruled on the effect of an expert’s reliance on a party’s accounts, and
When “new” evidence is not considered “fresh”
Briggs on behalf of the Boonwurrung People v State of Victoria [2024] FCA 288 Background The substantive proceeding is a native title determination application
Admissibility of expert evidence regarding controversial tweets
Faruqi v Hanson (evidence rulings) [2024] FCA 225 Background Senator Mehreen Faruqi published a tweet in response to the death of Queen Elizabeth
Celebrating International Women’s Day 2024
“Imagine a gender equal world. A world free of bias, stereotypes, and discrimination. A world that’s diverse, equitable, and inclusive. A world where difference
How We’re Breaking the Bias
This International Women’s Day, ExpertsDirect would like to urge those in the legal sector to continue to break the bias. In legal practice and
The Use of AI to Assist Experts in the Analysis of Documentary Evidence
By Howard Elliot This article discusses the difficulties and considerations relevant to developing Artificial Intelligence (AI) tools for expert witnesses to aid in the analysis
Expert undermines probative value of their own evidence by going beyond the scope of their expertise
Eastbound Estate Pty Ltd v DC Consolidated Investments Pty Ltd [2024] VSC 40 In this case, the court gave little weight to expert evidence that
Expert evidence from forensic lip reader admitted in Lehrmann defamation trial
On 19 December 2023, Lee J admitted evidence adduced by Network Ten from a forensic lip reader. Mr R, a forensic lip reader, had
A late expert report and questions of expertise raised in the Lehrmann defamation trial
Lehrmann v Network Ten Pty Limited (Expert Evidence) [2023] FCA 1577 In this case, the court ruled on the admissibility of an expert report of
Recent research and Twitter searches do not cast doubt on expert’s specialised knowledge
Palmanova Pty Ltd v Commonwealth of Australia [2023] FCA 1391 In this case, an expert’s report was challenged on the basis she did not have
Are the “desk studies” of expert doctors reliable opinion evidence?
Anderson v Yongpairojwong [2023] NSWSC 1359 In this case, the court considered the weight to be given to evidence of expert physicians who had not
Should a party pay costs for expert evidence that was abandoned?
Stradford (a pseudonym) v Judge Vasta (No 2) [2023] FCA 1364 In this “unique and unusual” case, the court weighed in on whether a party
Can the handwritten notes of an expert be converted into a “communication” for the purpose of legal professional privilege?
Ghorbanzadeh v Western Sydney Local Health District [2023] NSWSC 1330 In this case, the court considered whether handwritten notes made by an expert which he
Undermining Expert Evidence – Taking Shortcuts and Being Facebook Friends
Davis v Perry O’Brien Engineering Pty Ltd [2023] QSC 243 In this case, the methodology employed by a valuation expert, together with his personal friendship
When might issues of independence and credibility go to the admissibility of an expert’s evidence
McNickle v Huntsman Chemical Company Australia Pty Ltd (Evidentiary Ruling) [2023] FCA 1268 This evidential ruling in a class action concerning the alleged carcinogenic
Real world experience trumps reasoning based on academic research
In Australian Securities and Investments Commission v Australia & New Zealand Banking Group Limited (No 2) [2023] FCA 1217, the evidence of an expert with “real
To what extent might an expert’s pre-existing relationship with a party to proceedings affect their independence?
Jensen & Anor v Valuer-General (No 2) [2023] QLC 13 In this case, the court considered the issue of independence and bias in the context
Assertions of embarrassment caused by duplicative expert evidence unfounded
Sanofi v Amgen Inc (No 2) [2023] FCA 1156 Sanofi appealed a decision of a delegate of the Commissioner of Patents in respect of proceedings
NSW Supreme Court reaffirms immunity for expert witnesses from suit
Hastwell v Parmegiani** [2023] NSWSC 1016** In this case, the court upheld an expert’s entitlement to immunity from suit, notwithstanding that the expert’s report
The Queensland Court of Appeal straightens the record on whether privilege extends to a solicitor’s file note containing expert evidence
Note: this case concerns the Uniform Civil Procedure Rules in force in Queensland. The issue of whether a document consisting of a statement or
When will a requirement to adduce evidence referenced in support of an expert opinion be dispensed with?
In this case, an expert relied upon a number of documents supporting the plaintiff’s claim and which lay the foundation for his expert opinion,
When will an application for an expert to give evidence remotely be disallowed?
When will an application for an expert to give evidence remotely be disallowed? Czaplinksi v Collette [2023] ACTSC 155 In this case, the first
Dangers of joint authorship of expert reports
Can Multiple Experts Write an Expert Report? Introduction Expert reports are subject to expert codes of conduct, court directions and civil procedure rules of
When might a “hot tub” get too hot?
Tredders Investments Pty Ltd as trustee for Warren Tredrea Trust v Channel 9 South Australia (No 2) [2023] FCA 698 In this case, the court
ChatGPT and the future of expert witness reporting
ChatGPT (Generative Pre-trained Transformer) uses an artificial language learning model to imitate a human response to a query. Many consider the technology impressive for
The tale of a problematic expert
Scenic Tours Pty Ltd v Moore [2023] NSWCA 74 In this case, an expert in the travel business was considered by the court to be problematic
Does legal professional privilege extend to a file note containing expert evidence?
Enkelmann v Stewart [2023] QSC 111 Note: this case concerns the Uniform Civil Procedure Rules in force in Queensland. The issue of whether a document
Adducing expert evidence on questions of foreign law when challenging arbitration enforcement orders
CZD v CZE [2023] SGHC 86 In this case, the Court directed that practitioners should take note of O 12 r 2(1) of the Rules
New Aim Pty Ltd v Leung [2023] FCAFC 67
New Aim Pty Ltd v Leung [2023] FCAFC 67 In a long awaited appeal decision, the Full Court of the Federal Court has found that
Non-participating onlooker or expert?
Australian Securities and Investments Commission v Union Standard International Group Pty Ltd (Trial Ruling No 2) [2023] FCA 333 In this case, the Court found that
‘Let’s Get It On’ – Heirs of Ed Townsend v Ed Sheeran – Ed Sheeran Wins Copyright Infringement Case
The heirs of the late Ed Towsend—who co-wrote Marvin Gaye’s ‘Let’s Get It On’, allege that Ed Sheeran’s 2014 song, ‘Thinking Out Loud’ has “striking
Stay in your lane and stay in control: An important reminder for experts
Strickland on behalf of the Maduwongga Claim Group v State of Western Australia [2023] FCA 270 In this case, the Court made observations regarding an
The perils of seeking to rely on experiments as expert evidence
Sanofi v Amgen Inc [2023] FCA 264 In this case, though the court observed that experimental evidence can be expensive and time consuming, with the
When is a determination made under a contract not an expert determination?
Background In this case, the court had to decide whether a determination made by a nominated accountant constituted an expert determination for the purposes of
Recent Developments in Expert Witness Liability in UK Courts
Although generally immune from suit in the United Kingdom, experts can still be sanctioned by the court in the form of costs orders. UK Courts
When will an expert’s report be exempt from compliance with legislative and procedural requirements?
For information purposes only – When will an expert’s report be exempt from compliance with legislative and procedural requirements? Security Matters Limited, in the Matter
When are an expert’s predictions admissible?
Lindsay-Owen v HWL Ebsworth Lawyers [2023] NSWSC 68 In this case, an expert’s opinion predicting the likely commercial decisions of a financial institution and a
Failure to prove quantum of loss leads to a no-win situation at great cost
In Aquarius Corporation v Haribo Asia Pacific Pte Ltd, the Appellate Division of the High Court of Singapore set aside the decision of the Court
Expert opinion only hypothesis and conjecture without reference to empirical data
In ACCC v Google LLC (No 2) [2022] FCA 1476, the court found the expert evidence presented, comprising two reports from the plaintiff’s expert, one
Multiple experts rejected in favour of single expert for just, cheap, and quick resolution of proceedings
In Mundine v Forestry Corporation of NSW [2022] NSWLEC 140, the overriding principle of the just, cheap, and quick resolution of a matter took precedence
Will a pre-existing relationship between an expert and a party to litigation compromise the expert’s independence?
In Pirmax Pty Ltd v Kingspan Insulation Pty Ltd [2022] FCA 1340, the independence of Kingspan’s expert was attacked because of their pre-existing relationship with the company.
FOUR YEARS OF EXPERTSDIRECT PRO BONO
This November marks four years of ExpertsDirect Pro Bono, which has continued to expand the reach of its expert witness services to those experiencing disadvantage.
When Expert Conclaves Fail to Deliver Efficient and Cheaper Litigation
The comments of Cavanagh J in Stott v Australian Hospital Care (Pindara) Pty Ltd t/a Pindara Private Hospital [2022] NSWSC 1508 serves as a salient reminder that
Property Valuation Expert Comments on the Effect of Stigma on Melissa Caddick’s Property
What is your background? My name is Orell Anderson and I am a valuer and forensic consultant with extensive experience in real property valuation, diminution-in-value
New Aim Pty Ltd v Leung [2022] FCA 722 Case Summary
New Aim Pty Ltd v Leung [2022] FCA 722 is the latest case from the Federal Court to discuss in detail the responsibilities of lawyers
Expert Witness Training September 2022 Photo Gallery
Last week, ExpertsDirect welcomed 17 expert witnesses from all across Australia at the Hilton, Sydney for a two-day intensive training session. The two-day program was
Party-Appointed Experts vs Tribunal-Appointed Experts in International Arbitration
The influence of common law and civil law systems has left international arbitration tribunals divided in their procedures for managing expert witness evidence. While arbitration
NAIDOC Week 2022
This week is the Australian National NAIDOC Week, where celebrations are held across Australia to celebrate and recognise the history, culture and achievements of Aboriginal
Expert Evidence in the Depp v Heard Trial
It’s hard to have missed the coverage of the Depp v Heard trial. Our analysis of the testimony of expert psychologist Dr Shannon Curry and
ExpertsDirect in Pro Bono Voco Issue 7
ExpertsDirect is thrilled to be included in Issue 7 of the Australian Pro Bono Centre’s Pro Bono Voco publication. The publication highlights the pro bono contributions
ESG and Director’s Duties Event
ExpertsDirect ESG Litigation and Director’s Duties Event Summary On Thursday 2 June 2022, ExpertsDirect hosted an ESG Litigation and Director’s Duties Panel discussion at The
Top Tips from Leading Class Action Lawyers on Expert Evidence
We’re delighted to introduce this Class Actions special which explores the increasingly prominent impact of expert evidence in class action litigation. In this series of
Craig Allsopp’s Tips on Class Actions and Expert Witnesses
Craig Allsopp, Special Counsel at Shine Lawyers’ national class action team, shares his tips for working with expert witnesses. What tips do you have for
Jason Betts’ Tips on Class Actions and Expert Witnesses
Jason Betts is Disputes Partner and Global Co-head of Class Actions at Herbert Smith Freehills. Having defended some of the largest shareholder class action matters,
Jenny Campbell and Belinda Thompson’s Tips on Class Actions and Expert Witnesses
Belinda Thompson and Jenny Campbell are the co-heads of Allens’ class actions practice. They both have extensive experience in defending class actions in a broad
Richard Skurnik’s Tips on Class Actions and Expert Witnesses
As the leading provider of expert witnesses in Australasia, ExpertsDirect has sourced experts for some of the most prominent class action matters in Australia and
David Taylor’s Tips on Class Actions and Expert Witnesses
David is a Disputes Partner and class action specialist at MinterEllison with particular expertise regarding the quantum of damages in class actions. David has represented
Jeremy Zimet’s Tips on Class Actions and Expert Witnesses
Jeremy Zimet is a Principal Lawyer at Phi Finney McDonald specialising in shareholder and consumer law class actions. He has acted for thousands of complainants
Valuations Evidence in Toyota Class Action
In April 2022, the Federal Court decided in favour of the applicants in a class action against Toyota that may now cost the car manufacturer
Expert Evidence in Landmark Climate Change Litigation
The Court in Minister for the Environment v Sharma [2022] FCAFC 35 recently ruled against a duty of care of the Minister for Environment to
Celebrating International Women’s Day 2022
This International Women’s Day, ExpertsDirect celebrated the achievements of contemporary women in the law and reflected on the contribution of those who laid the groundwork
Getting It Right – tips for letters of instruction to experts
A compelling report prepared by an expert witness can be a useful tool in litigation, both in pre-trial settlement negotiations and also in court. One
Tips for International Experts Working in Australian Jurisdictions
At ExpertsDirect, we regularly engage international experts on behalf of our clients. The rules for expert witnesses in Australia may differ to those for jurisdictions
Short Guide to Executive Summaries in Expert Reports
Who reads Executive Summaries? It’s an obvious point but one worth remembering: decision makers in courts or tribunals are busy people. They may be sitting
Three Years of ExpertsDirect Pro Bono
On the third anniversary of the ExpertsDirect Pro Bono Service, we reflect on the trends that have characterised our pro bono work and thank all
Expert Evidence Critical in Patent Opposition Matter (CSIRO v Cytec Industries Inc. [2021] APO 27)
In July 2021, the Australian Patent Office accepted a patent application from Cytec industries Inc’s against opposition from CSIRO. Both Cytec and CSIRO engaged multiple
Demonstrating Expertise – Structure and Application in Reporting
As courts become increasingly more open to the use of expert witness evidence in complex matters, experts should be particularly mindful to demonstrate the relevance
Are Draft Reports Protected by Legal Professional Privilege? Courts Still Uncertain
The recent case of Malone v La Playa Nominees Pty Ltd [2021] VSC 271 shows that some courts are more likely to consider reports privileged
The Scope of Admissible Lawyer-Expert Communications
Whilst courts are empowered to exclude prejudiced expert reports, parties may nonetheless advise experts on proper reporting practices and case theories. We examine comments by Justice Riordan
Client in Focus: Susanna Taylor
Susanna Taylor Head of Investments – APAC, LCM Susanna is the Head of Investments (APAC) at Litigation Capital Management (LCM), a leading international litigation funder,
The Right Expert and the Right Approach in ASIC v Big Star Energy Limited (No 3) [2020] FCA 1442
In ASIC v Big Star Energy Limited (No 3) [2020] FCA 1442, Justice Banks-Smith’s clarified key issues surrounding requisite expertise in materiality matters and highlighted what
Federal Court Appoints Assessor for Monsanto Class Action
The Federal Court in McNickle v Huntsman Chemical Company Australia Pty Ltd (Assessors) [2021] FCA 780 (25 June 2021) recently decided to appoint an assessor
UK Court of Appeal rules against establishing a Fiduciary Duty of Loyalty for Expert Witnesses
Can two sides of a dispute engage the same expert witness? The decision in Secretariat Consulting PTE Ltd & Ors v A Company [2021] (EWCA
How to Engage and Work with a Construction Expert as a Junior Lawyer
Jason Feng is an Associate at Pinsent Masons where he specialises in Projects and Infrastructure projects and legal matters. He has worked closely with contractors
5 Things to Consider When Working with Expert Evidence
David Talintyre is a barrister at Level 22 Chambers. He has over 20 years of experience at the bar taking on diverse commercial, construction, engineering,
Reliance on Expert Evidence in Google Federal Court Decision
In April 2021, the Federal Court handed down a decision in favour of the Australian Competition and Consumer Commission (ACCC) against Google LLC. The ACCC
Observations on Expert Witnesses in the Derek Chauvin Trial
On Thursday 21 April 2021, a 12-member jury in the US District Court of Minnesota found Former Minneapolis Police Office Derek Chauvin guilty of the
Federal Court Warns Against Experts who Criticise without Reporting their Alternative Findings
Lawyers commonly ask experts to critique other experts’ reports, a move which recently received criticism in the Federal Court. We review Justice Yates’ comments on
Expert Witness Independence: Reputation and Partisan Opinions
Does a history of giving evidence for or against a plaintiff/defendant rule an expert witness as partisan? The issue recently arose in the Monsanto Class
ExpertsDirect Celebrates Women’s History Month 2021
This Women’s History Month, ExpertsDirect would like to celebrate the contributions and achievements of women who have significantly influenced our ideas of a more inclusive
Quality Assurance at ExpertsDirect
Experts and lawyers who are familiar with expert witness work will know that the process of producing an expert report involves more than simply engaging
Joint Expert Reports: Important Reminders
Some standard orders in Australian courts ask expert witnesses, who may each have already produced a report in a matter, to ‘confer’ with one another
Irrelevant or Misleading?
In Long v IS Industry Fund Ptd Ltd (No 2) [2020] NSWSC 1541, the NSW Supreme Court addressed complaints of irrelevance and prejudice levelled at an expert
The Right Expert and the Right Approach in ASIC v Big Star Energy Limited (No 3) [2020] FCA 1442
Background Facts and Key Issues In ASIC v Big Star Energy Limited (No3) [2020] FCA 1442, ASIC accused Big Star Energy Ltd, previously known as
ExpertsDirect Pro Bono: Anniversary and Interviews
On 12 November, ExpertsDirect celebrated the second anniversary of its Pro Bono Service and partnership with the Australian Pro Bono Centre. To commemorate the date,
Expert Evidence Issues in Bushfire Survivors Action
In April, the Environmental Defenders Office brought proceedings on behalf of the advocacy group Bushfire Survivors for Climate Action (a group which includes bushfire survivors,
Court Managed Expert Evidence in the Land Court of Queensland
In most circumstances, parties who have asked their experts irrelevant questions run the risk of receiving expert evidence which comments on matters outside of the
General FAQ about Court Attendance
Attending court to be cross-examined as an expert witness can be a stressful experience, made more difficult by the complexity of the environment. We have
Three Takeaways from Blackmores Ltd v Jestins Enterprises Pty Ltd [2020] NSWSC 1177
Background facts: The Defendant, Jestins Enterprises, entered into an agreement with Blackmores that allowed the Defendant to order and obtain products from Blackmores on credit.
What ExpertsDirect and Our Clients Look for in an Expert Witness
Daniel Sosa is a Research Executive at ExpertsDirect. His experience in sourcing experts for all manner of matters has revealed to him some of the
Expert Insights from Automotive Mechanic David Marston
I am a Master Mechanic with over 40 years of practical experience in repairing and modifying motorcycles, light, heavy, and racing vehicles and boats. I
One Joint Conclave for Many Experts
Can and should experts of different areas of expertise participate in the same expert conclave? In the matter of Budgen v The Congregation of Religious
Forensic Expert Testing in Securities Class Actions: the Application of the Cammer Factors as a Tool to Test Market Efficiency
An “event study” is a useful tool performed by experts to measure the effect of the disclosure of information on the price of a particular
A Short Guide to Privilege in Expert Witness Reporting
Privilege Generally: Common Law and Legislation Client Legal Privilege allows parties in litigation to maintain the confidentiality of client-lawyer communications. A client can claim privilege
A Short Guide to Expert Witness Conclaves
Conclaves allow courts to clarify the divergent and numerous expert opinions they need to address in more technical matters requiring two or more expert opinions.
The Fiduciary Duty of Expert Witnesses
The judgement in this recent case was handed down by the Technology and Construction Court of the UK High Court of Justice. Although it does
Grounds for Adjournment During and After the Pandemic
The social distancing measures put in place these past few months may have affected the work of expert witnesses as they have all Australians. In
The Credibility of Expert Witnesses
Part 3.7 of the Evidence Act 1995 (Cth), which relates to assessments of the credibility of witnesses does not apply to expert witnesses. However, courts
Filter by Category
- Accidents/Injuries (3)
- Admissibility (6)
- Appraisals/Valuations (1)
- Arbitration (2)
- Behavioural Economics (2)
- Bushfire Expert (1)
- Case Management (9)
- Case Reviewer (17)
- Case Summary (16)
- Case Update (9)
- Chemical Engineering (1)
- Civil/Structural Engineering (1)
- Class Actions (14)
- Client in Focus (1)
- Client Legal Privilege (1)
- Climate Change Science (3)
- Computers/Technology (1)
- Conclaves (3)
- Construction (3)
- Court Attendance (2)
- Court Managed Expert Evidence (1)
- Court Testimony (2)
- Cross-Examination (2)
- Directors Duties (1)
- Environmental/Science (1)
- ESG (1)
- Expert Reporting (18)
- Expert Witness (82)
- Expert Witness Immunity (1)
- Expert Witnesses (84)
- Fiduciary Duties (2)
- Finance (2)
- Financial (5)
- Forensic Testing/Examinations (2)
- General Medical (18)
- Guide (8)
- Infectious Diseases (1)
- Insurance (1)
- Intellectual Property (1)
- International Women's Day (1)
- Interview (2)
- Joint Reports (3)
- Legal Experts/Process (1)
- Legal Insight (1)
- Legal Professional Privilege (2)
- Letter of Instruction (1)
- Litigation Funding (1)
- Medical (2)
- News (2)
- Pre-trial (2)
- Prejudice (4)
- Pro Bono (5)
- Proceedings (7)
- Psychiatry (2)
- Psychology (3)
- Quality Assurance (2)
- Regulations (1)
- Relevance (2)
- Security/Safety (1)
- Social Impact (2)
- Uncategorized (91)