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.
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.
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 &