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 recent case of Malone v La Playa Nominees Pty Ltd [2021] VSC 271 shows that some courts are more likely to consider reports privileged
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
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
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
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,
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