Failure to prove quantum of loss leads to a no-win situation at great cost
Aquarius Corporation v Haribo Asia Pacific Pte Ltd [2022] SGHC(A) 39 In Aquarius Corporation v Haribo Asia Pacific Pte Ltd, the Appellate Division of the
Aquarius Corporation v Haribo Asia Pacific Pte Ltd [2022] SGHC(A) 39 In Aquarius Corporation v Haribo Asia Pacific Pte Ltd, the Appellate Division of the
Australian Competition and Consumer Commission v Google LLC (No 2) [2022] FCA 1476 In ACCC v Google LLC (No 2) [2022] FCA 1476, the court
In Mundine v Forestry Corporation of NSW [2022] NSWLEC 140, the overriding principle of the just, cheap, and quick resolution of a matter took precedence
In Pirmax Pty Ltd v Kingspan Insulation Pty Ltd [2022] FCA 1340, the independence of Kingspan’s expert was attacked because of their pre-existing relationship with the company.
The comments of Cavanagh J in Stott v Australian Hospital Care (Pindara) Pty Ltd t/a Pindara Private Hospital [2022] NSWSC 1508 serves as a salient reminder that
Jason Feng is an Associate at Pinsent Masons where he specialises in Projects and Infrastructure projects and legal matters. He has worked closely with contractors
David Talintyre is a barrister at Level 22 Chambers. He has over 20 years of experience at the bar taking on diverse commercial, construction, engineering,
On Thursday 21 April 2021, a 12-member jury in the US District Court of Minnesota found Former Minneapolis Police Office Derek Chauvin guilty of the
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
Daniel Sosa is a Research Executive at ExpertsDirect. His experience in sourcing experts for all manner of matters has revealed to him some of the
I am a Master Mechanic with over 40 years of practical experience in repairing and modifying motorcycles, light, heavy, and racing vehicles and boats. I
Can and should experts of different areas of expertise participate in the same expert conclave? In the matter of Budgen v The Congregation of Religious
Conclaves allow courts to clarify the divergent and numerous expert opinions they need to address in more technical matters requiring two or more expert opinions.
The judgement in this recent case was handed down by the Technology and Construction Court of the UK High Court of Justice. Although it does
Part 3.7 of the Evidence Act 1995 (Cth), which relates to assessments of the credibility of witnesses does not apply to expert witnesses. However, courts
With the implementation of social isolation policies, digital communication and eCourtrooms will now become the main format for conducting trials. Whilst Courts have released guides
This case demonstrates that attention to the structure and language used in expert reporting assists courts in clearly identifying that expert opinions satisfy s 79
The Status Quo ‘Subject Matter Experts’ (SMEs) are given this title within their own institutions to refer to individuals with particular expertise in subject matter
Parties should aim to provide expert evidence from independent witnesses. However, the loss of independence does not in and of itself lead to a finding
Whilst courts are empowered to exclude prejudiced expert reports, parties may nonetheless advise experts on proper reporting practices and case theories. We examine comments by Justice Riordan
Sanrus Pty Ltd & Ors v Monto Coal 2 Pty Ltd & Ors (No 8) [2019] QSC 255 concerned proceedings that Sanrus Pty Ltd brought
Although expert evidence is made exempt from the Opinion Rule by Section 79 of the Evidence Act (NSW) 1995, it is still subject to the
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 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.
Background: The pre-trial management by the court of expert witnesses and the evidence they are to prepare can be a tricky issue for judges and
A recent report has debunked the myth of an Australian class action boom, providing some perspective to critics’ hysteria over a litigious culture following in
The High Court has rejected granting special leave to Samsung Bioepis (‘SB’) to challenge the decision of the Full Federal Court in Pfizer Ireland Pharmaceuticals
The NSW Civil and Administrative Tribunal (NCAT) has revised ‘Procedural Direction 3’ which defines how experts must provide evidence before the Tribunal. The recent changes,
This month a jury has been discharged after failing to agree whether Dimitrous Gargasolous, who is accuse of driving into a crowd of people
A dietitian for food giant Heinz has denied that the company misrepresented snacks for toddlers as health food, despite containing the equivalent of three
David “Jackson” Mueller, the Denver radio host who was found guilty last week of groping pop megastar Taylor Swift, succeeded in an interlocutory motion
Lawyers for American rapper Marshall ‘Eminem’ Mathers recently called on Australian composer, writer, and radio presenter Dr Andrew Ford as an expert witness in
We have previously reported on the sweeping changes made to the regime of Expert Evidence in the Federal Court following the introduction of the
This post finishes our recent series on emerging issues and trends in Australian Class Action Litigation. In Australia, there is a steady increase in major
As outlined in our November 2016 blog, Sweeping Changes for Federal Court Practice Notes, the Federal Court, in late 2016, issued 26 updated practice
Gordon Wood’s landmark lawsuit against the state of New South Wales continues to highlight the need to source independent expert witnesses who are properly
The development of s 79(2) In 2005, the Australian Law Reform Commission (‘ALRC’) proposed amendments to the uniform Evidence Law scheme to encourage the admission
It is without doubt that expert witnesses play a vital role in the dispute resolution process. They provide insights into technical and scientific fields
This post is our third in a series looking at recent developments in class actions. The earlier two examine competing class actions and common
Capitol Carpets Pty Ltd v Schwartz Family Co Pty Ltd [2016] NSWSC 1753 Background This appeal stemmed from a Local Court decision concerning a
Holdsworth & Ellison v RSPCA [2015] VCC 653 Background The case involved a dispute concerning the slaughter of cattle which occurred in the early
It is undoubtable that expert witnesses are an invaluable tool in the legal industry. They provide the court and the jury with insights into
The Queensland Government has recently passed legislation[1] which brings Queensland into line with the Federal Court and the Supreme Courts of New South Wales
Lisa Collins is a Senior Associate at Gilchrist Connell, where her practice centres on civil litigation with a particular focus on insurance litigation. Lisa regularly
Our shareholder class action series continues in this post with a look at how Australian courts approach the question of ‘common fund orders’. As
On 25 October 2016, the Federal Court issued 26 updated practice notes that will apply to future cases and cases currently underway. The new
Australia has seen a prevalent increase in the number of class actions including the dominant rise of US-style shareholder class actions. With this in
Numerous judicial commentators have noted that expert witnesses are one of the key factors in enhancing the cost and duration of legal disputes.[1] This
Ibrahimi & Ors v Commonwealth of Australia (No 3) [2016] NSWSC 1438 Background This case concerned an incident off the coast of Christmas Island
Writing an expert report for the first time can be daunting. From interpreting a solicitor’s instructions to determining the appropriate tone, style, and form, experts
Dr Gregory Cameron is a general practitioner and authorised WorkCover medical practitioner based in Penrith, NSW. The founder of Healthnet Family Clinic, a multi-disciplinary surgery
Case Study: Commonwealth Scientific and Industrial Research Organisation v Agriculture Victoria Services Pty Ltd [2014] APO 80 Background This case considered a patent application
Generally expert witness reports do not need to be served as an affidavit. The only jurisdiction which requires an affidavit to be provided in conjunction
There are many hurdles facing the admissibility and acceptance of expert evidence. The general opinion rule provides that “if a person has specialised knowledge based
The use of expert witnesses has always had mixed reviews. In recent times, courts have lamented the apparent bias of experts in an adversarial system,
In our first blog of 2016, we will examine expert evidence horror stories and the lessons we can learn from these, including: the requirement to
In Australia, evidence of an opinion is not admissible to prove the existence of a fact[1]. This is otherwise known as the ‘opinion rule’ and
By Natasha Bian What is an expert conclave? Expert conclaves are pre-trial procedures directed by the court and conducted between experts in the same
What is an expert witness? By Natasha Bian An expert witness is someone who is qualified as an expert in a certain technical field
This article was prepared by Anuja Ng. Legal professional privilege balances the need to encourage full and frank disclosure by clients to their lawyers
This article was prepared by Anuja Ng. What are Joint Expert Reports (JERs)? A JER is the written product of a conference (directed by
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