Who reads Executive Summaries? It is an obvious point but one worth remembering: decision makers in courts or tribunals are busy people. They may be
What are the common mistakes that can make a report less effective and, at worst, inadmissible in court? This article examines some typical issues that arise when lawyers engage experts, and how to avoid them.
When preparing a letter of instruction for an expert witness, it is recommended that legal practitioners abstain from directly asking experts ‘ultimate issue’ legal questions. This is due to the risk that the expert witness’s answer will be deemed as being beyond their expert knowledge and be inadmissible, by virtue of not falling under the Expert Exception Rule in Section 79 of the Evidence Act.
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
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 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
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
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
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, 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 is Disputes Partner and Global Co-head of Class Actions at Herbert Smith Freehills. Having defended some of the largest shareholder class action matters,
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 is a Disputes Partner and class action specialist at MinterEllison with particular expertise regarding the quantum of damages in class actions. David has represented
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
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
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
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
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
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
Can two sides of a dispute engage the same expert witness? The decision in Secretariat Consulting PTE Ltd & Ors v A Company [2021] (EWCA
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
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
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
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
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
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,
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,
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
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
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
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
With the implementation of social isolation policies, digital communication and eCourtrooms will now become the main format for conducting trials. Whilst Courts have released guides
As expert witness evidence often decides the outcome of the case, it is of prime importance that solicitors ensure clear communication with the expert to
Introduction In the matter of R v BDI [2020] QCA 22, the appellant was convicted at trial of various rape and assault offences, including sexual
This case demonstrates that attention to the structure and language used in expert reporting assists courts in clearly identifying that expert opinions satisfy s 79
The Status Quo ‘Subject Matter Experts’ (SMEs) are given this title within their own institutions to refer to individuals with particular expertise in subject matter
Parties should aim to provide expert evidence from independent witnesses. However, the loss of independence does not in and of itself lead to a finding
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
Sanrus Pty Ltd & Ors v Monto Coal 2 Pty Ltd & Ors (No 8) [2019] QSC 255 concerned proceedings that Sanrus Pty Ltd brought
Although expert evidence is made exempt from the Opinion Rule by Section 79 of the Evidence Act (NSW) 1995, it is still subject to the
In an age of growing demand for expedient and high-risk cosmetic procedures, we may see an influx of negligence claims soon, if not already. Where
When two experts present evidence, courts may choose to rely on the stronger report. In some instances, however, courts may appoint their own expert witness.
It is a growing trend for letters of instruction to be dated to be contemporaneous with the completion of an expert witness report. In this case, comments were made suggesting that this practice should be avoided.
This case is a timely reminder of the impact that a thorough expert, who explores and considers all avenues of relevant information, can have on a case.
This case is a pertinent reminder of the impact expert evidence can have on a matter, and the difficulty of refuting expert evidence without the assistance of an expert witness to offer an opposing view.
If an expert is asked a ‘wrong’ question, expensive expert comment may have been enlisted that the court will never hear.
This case is a pertinent reminder that lawyers and experts alike should ensure that joint expert reports align with the provisions of the court in which evidence is being given, or else risk expert evidence being rendered inadmissible.
In most instances, an expert witness will be engaged by a law firm and paid a fee before, or upon delivery, of their expert report. However, there are situations in which an expert will be engaged on a contingency basis or, as it is more popularly known, a ‘no win, no fee’ basis.
When engaging an expert witness, it is of paramount importance that a correct match is made regarding the contentious issue in litigation and the speciality of the expert witness engaged to provide opinion.
As concurrent evidence is now the norm in civil trials in New South Wales, it is important for lawyers to be aware of the process, and how best to manage the expert witnesses involved, to ensure things run smoothly and that the best outcome possible is achieved.
In the event that an expert is required to give evidence in court, it is important to be aware of an expert witness’s responsibilities for court attendance.
Must all expert advice be disclosed, even if it hasn’t been “deployed” in court? Facts The plaintiffs in this Queensland Supreme Court case, Murphy &
One ongoing areas of discussion in legal reform is that of unconscious bias in expert witness evidence and how it may be avoided. We discuss the main issues and describe how it can be minimised or avoided.
This case marks the first time that the High Court has considered the Native Title Act in determining monetary compensation, with this ruling setting a precedent for future native title compensation claims.
When experts are briefed with assumptions that contradict their own findings. It is common for lawyers to brief an expert in a letter of instruction
Introduction Bicknell v Pickard [1] centered around to what extent the plaintiff’s psychiatric illnesses were caused by a motorcycle collision between the plaintiff and the defendant,
Introduction As outlined in the Expert Witness Code of Conduct in each jurisdiction, an expert’s duty is to the court and the independence of their
As the population of Australian capital cities continues to grow, an increasing number of people are living in apartments. Although the government has spent decades
The Honourable Justice Chesterman once defined the role of the expert witness as: “… to educate or inform the court about the relevant aspects of the witness’s specialty to enable the court itself to access evidence, which, without that tuition, the court would be unable to do”. In most circumstances, the court does not admit mere opinion into evidence, as indicated by the opinion rule in s76 of Evidence Act (Cth) 1995 […]
Lee v McGrath [2018] ACTSC 173, heard in early June, involved the Plaintiff being struck and receiving catastrophic injuries when he attempted to run across a
Dr Judy Wilyman, one of Australia’s most notorious anti-vaccination activists, was reported in late September as having been called to act as an expert witness
Background: In order to deal with a feral cat problem, a Melbourne council issued a notice that citizens would be paid for capturing feral cats
Background: The pre-trial management by the court of expert witnesses and the evidence they are to prepare can be a tricky issue for judges and
A recent report has debunked the myth of an Australian class action boom, providing some perspective to critics’ hysteria over a litigious culture following in
In sexual assault trials, victims are often re-traumatised by the cross-examination received at the hands of defence barristers. This issue has been brought to the
The High Court has rejected granting special leave to Samsung Bioepis (‘SB’) to challenge the decision of the Full Federal Court in Pfizer Ireland Pharmaceuticals
Phi Finney McDonald will exclusively run the class action against GetSwift, after the two other competing class actions were permanently stayed, as Lee J “was
If you have acted as an expert witness, you will know one of the most fundamental rules is that you must be impartial and not
Cryptocurrency is an increasingly popular alternative currency. Since it is a virtual currency, the laws that govern it differ from those which govern standard (or
Legal professional privilege is a rule of both common and statutory law which prevents the compulsory disclosure of confidential communications between a legal adviser and
ACCC v Snowdale Holdings [2016] FCA 541 Background This case involved an ACCC allegation of misleading or deceptive conduct in relation to the marketing
Here at ExpertsDirect, we would like to believe that our services, goals and mantra are well known to our clients. However, we appreciate that
Over the past few years, US-based pharmaceutical giant Johnson & Johnson has been embroiled in extensive US litigation concerned with whether or not their
Many ideas and facts taken for granted as accepted, common knowledge were once in the realm of expert knowledge. For example, at certain points
Cross-examination of an expert witness is a common technique used by legal counsel to discredit the testimony provided by an expert witness. Expert witnesses
Roach v Page (No 17) [2003] NSWSC 973 This case considered whether documents which constituted communications or notes of communications between defence counsel and
On Thursday 26 May experts in all fields gathered at the ExpertsDirect Sydney office for our Expert Witness Training Program. Coming from around Australia and
A recent murder case from the United States has highlighted again the limitations involved when interpreting DNA evidence in a criminal case. A millionaire was
Colloquially known as hot-tubbing, the practice of concurrent evidence is gaining significant traction in Australian jurisdictions. In fact, the New South Wales Law Reform
Many developments have occurred in the context of litigation to overcome its prohibitive time and money costs and achieve the overriding purpose of the Civil
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