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General FAQ about Court Attendance

29 September, 2020 No Comments

Attending court to be cross-examined as an expert witness can be a stressful experience, made more difficult by the complexity of the environment. We have

The Impact of Expert Evidence: ASIC v Vocation

29 August, 2019 No Comments

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.

Common Mistakes in Expert Witness Reports

28 August, 2019 No Comments

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.

Court Attendance Responsibilities for Expert Witnesses

30 May, 2019 No Comments

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.

Assumptions v Findings: Which Should Prevail?

21 March, 2019 No Comments

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

Can Lawyers Edit Expert Witness Reports?

19 February, 2019 No Comments

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

The Problem with ‘Ultimate Issue’ Questions

7 November, 2018 No Comments

When preparing a letter of instruction for an expert witness, it is recommended that legal practitioners abstain from directly asking experts ‘ultimate issue’ legal questions. This is due to the risk that the expert witness’s answer will be deemed as being beyond their expert knowledge and be inadmissible, by virtue of not falling under the Expert Exception Rule in Section 79 of the Evidence Act.