Expert Witness Archives - ExpertsDirect

NAIDOC Week 2022

5 July, 2022 No Comments

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

Top Tips from Leading Class Action Lawyers on Expert Evidence

28 April, 2022 No Comments

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’s Tips on Class Actions and Expert Witnesses

28 April, 2022 No Comments

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’ Tips on Class Actions and Expert Witnesses

28 April, 2022 No Comments

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,

Richard Skurnik’s Tips on Class Actions and Expert Witnesses

28 April, 2022 No Comments

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 Taylor’s Tips on Class Actions and Expert Witnesses

28 April, 2022 No Comments

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

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

Tips for International Experts Working in Australian Jurisdictions

15 February, 2022 No Comments

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 No Comments

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

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

The Right Expert and the Right Approach in ASIC v Big Star Energy Limited (No 3) [2020] FCA 1442

6 August, 2021 No Comments

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

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

How to Engage and Work with a Construction Expert as a Junior Lawyer

29 June, 2021 No Comments

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

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

Expert Witness Independence: Reputation and Partisan Opinions

22 March, 2021 No Comments

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 No Comments

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 No Comments

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

ExpertsDirect Pro Bono: Anniversary and Interviews

30 November, 2020 No Comments

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,

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,

Forensic Expert Testing in Securities Class Actions: the Application of the Cammer Factors as a Tool to Test Market Efficiency

13 July, 2020 No Comments

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

A Short Guide to Privilege in Expert Witness Reporting

13 July, 2020 No Comments

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

A Short Guide to Expert Witness Conclaves

12 June, 2020 No Comments

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 Fiduciary Duty of Expert Witnesses

12 June, 2020 No Comments

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

Grounds for Adjournment During and After the Pandemic

5 May, 2020 No Comments

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

The Credibility of Expert Witnesses

5 May, 2020 No Comments

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

Engaging Expert Witnesses during the Pandemic

7 April, 2020 No Comments

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

5 Common Mistakes that Lawyers Make When Working with Expert Witnesses

7 April, 2020 No Comments

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

Staying inside the lines – the importance of properly instructing experts

9 March, 2020 No Comments

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

Demonstrating Expertise – Structure and Application in Reporting

9 March, 2020 No Comments

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

Subject Matter Experts

14 February, 2020 No Comments

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

Admissibility and the Loss of Expert Witness Independence

3 February, 2020 No Comments

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

The Scope of Admissible Lawyer-Expert Communications

3 February, 2020 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

Clarifications on Admissible and Inadmissible Expert Evidence

17 December, 2019 No Comments

Sanrus Pty Ltd & Ors v Monto Coal 2 Pty Ltd & Ors (No 8) [2019] QSC 255 concerned proceedings that Sanrus Pty Ltd brought

Expert Evidence and Disclosure

29 November, 2019 No Comments

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

More than Just Fillers: the Utility of Expert Evidence in Jiang v BCDS International P/L t/as Miss Beauty [2019] NSWDC 578

4 November, 2019 No Comments

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

Can Too Many Experts Spoil the Evidence? Court Competency and the Applications of UCPR Rule 31.54

4 November, 2019 No Comments

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.

The Issue of Contemporaneous Letters of Instruction: BrisConnections v Arup

3 October, 2019 No Comments

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.

The Importance of Demonstrating Expertise: Eckford v Six Mile Creek

3 October, 2019 No Comments

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.

The Impact of Expert Evidence: ASIC v Vocation

29 August, 2019 No Comments

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.

Common Mistakes in Expert Witness Reports

28 August, 2019 No Comments

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.

Asking the Right Questions: Uber v Commissioner of Taxation

1 August, 2019 No Comments

If an expert is asked a ‘wrong’ question, expensive expert comment may have been enlisted that the court will never hear.

Admissibility of Disagreements in Joint Expert Reports: Bezer v Bassan

31 July, 2019 No Comments

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.

Engaging Experts on a Contingency Basis – What are the Risks?

27 June, 2019 No Comments

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.

The Importance of a Perfect Match: Hawkesbury Sports Council v Martin

26 June, 2019 No Comments

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.

Guide to Concurrent Evidence in New South Wales

30 May, 2019 No Comments

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.

Court Attendance Responsibilities for Expert Witnesses

30 May, 2019 No Comments

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.

Mind Your Drafts: What Types of Expert Evidence are Discoverable Under the UCPR?

18 April, 2019 No Comments

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 &

What Can the Court Do About Expert Witness Bias?

18 April, 2019 No Comments

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.

Expert Evidence Plays Vital Role in Biggest Native Title Decision Since Mabo

21 March, 2019 No Comments

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.

Assumptions v Findings: Which Should Prevail?

21 March, 2019 No Comments

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

Top 3 Tips from Bicknell v Pickard

20 February, 2019 No Comments

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,

Can Lawyers Edit Expert Witness Reports?

19 February, 2019 No Comments

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

Need for Construction Experts on the Rise

18 January, 2019 No Comments

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

Can Anyone Be an Expert Witness?

17 January, 2019 No Comments

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 […]

Expert Witnesses Play Vital Role in Determining Driver’s Duty of Care

8 November, 2018 No Comments

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

The Problem with ‘Ultimate Issue’ Questions

7 November, 2018 No Comments

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.

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