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 over
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.
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
