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 […]
