Asking the Right Questions: Uber v Commissioner of Taxation
1 August, 2019
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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.
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.