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.
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 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.
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.
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
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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
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This week the defence closed its case in the murder trial of Allison Baden-Clay where Mr. Baden-Clay, the accused continued to deny any role in
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As the prosecution drew to a conclusion its evidence in the Oscar Pistorius trial, one notable expert had been absent from testifying. With vast
The much publicised murder trial of Oscar Pistorius gives us the perfect opportunity to analyse what exactly a trial is, and specifically, the role
“[U]ndoubtedly there is a natural bias to do something serviceable for those who employ you and adequately remunerate you. It is very natural, and it
An expert is a witness who is able to express admissible opinions due to their specialised knowledge based on the person’s training, study or experience.[1]
Choosing the right expert can be as difficult as choosing the right lawyer. There is a question of knowledge not just of their chosen field
This post follows on from our earlier blog The Basis Rule: A question of weight and relevance. There we explained the basis rule as
Our recent blog Expert Witnesses: Puppets of advocates or gift of the Court? highlighted that Australian courts have increasingly adopted the view that admissibility of
The tension between the dual role of the expert as both an impartial informant to the court and selected witness for a party is
The question being considered today is to what extent can solicitors and/or barristers edit the report of an expert witness, sometimes known as ‘settling’ an
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The comments made by Justice Beach in the recent Abalone Virus class action have highlighted an issue in the expert evidence realm. Justice Beach criticised
Three key factors influence the development of an effective system of security or safety for any workplace. They are: Laws directly applicable to the
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