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.
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.
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
While class actions are an established part of the Australian legal system, the last 5 years have seen a marked increase in class action litigation,
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
“One of the greatest tragedies of life is the murder of a beautiful theory by a gang of brutal facts.” Benjamin Franklin Last week, I
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
The inquiry into the murder of British student Meredith Kercher in Perugia, Italy, has played out in the media for the past six years. The
After expressing my respects to the vollies and professional firefighters and firemen, and the many supporting groups and agencies assisting with fire control and the
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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