Valuations Evidence in Toyota Class Action
27 April, 2022
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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
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Category: Expert Reporting
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Expert Evidence in Landmark Climate Change Litigation
31 March, 2022
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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
Tips for International Experts Working in Australian Jurisdictions
15 February, 2022
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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
31 January, 2022
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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
Expert Evidence Critical in Patent Opposition Matter (CSIRO v Cytec Industries Inc. [2021] APO 27)
26 October, 2021
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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
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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
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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
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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
The Right Expert and the Right Approach in ASIC v Big Star Energy Limited (No 3) [2020] FCA 1442
6 August, 2021
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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
How to Engage and Work with a Construction Expert as a Junior Lawyer
29 June, 2021
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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
22 June, 2021
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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,
Federal Court Warns Against Experts who Criticise without Reporting their Alternative Findings
19 April, 2021
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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
22 March, 2021
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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
Quality Assurance at ExpertsDirect
9 February, 2021
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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
9 February, 2021
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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
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
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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
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