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Expert Evidence in the Depp v Heard Trial

20 June, 2022 No Comments

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

Valuations Evidence in Toyota Class Action

27 April, 2022 No Comments

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

31 March, 2022 No Comments

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

Expert Evidence Critical in Patent Opposition Matter (CSIRO v Cytec Industries Inc. [2021] APO 27)

26 October, 2021 No Comments

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

28 September, 2021 No Comments

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

28 September, 2021 No Comments

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

31 August, 2021 No Comments

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

Federal Court Appoints Assessor for Monsanto Class Action

26 July, 2021 No Comments

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

29 June, 2021 No Comments

Can two sides of a dispute engage the same expert witness? The decision in Secretariat Consulting PTE Ltd & Ors v A Company [2021] (EWCA

Reliance on Expert Evidence in Google Federal Court Decision

22 June, 2021 No Comments

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

Federal Court Warns Against Experts who Criticise without Reporting their Alternative Findings

19 April, 2021 No Comments

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

Irrelevant or Misleading?

22 January, 2021 No Comments

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

22 January, 2021 No Comments

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

Expert Evidence Issues in Bushfire Survivors Action

30 November, 2020 No Comments

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

29 September, 2020 No Comments

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

Three Takeaways from Blackmores Ltd v Jestins Enterprises Pty Ltd [2020] NSWSC 1177

29 September, 2020 No Comments

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.