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Expert Blog

The Problem with ‘Ultimate Issue’ Questions

Ultimate Issue Questions: 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 […]

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Expert witnesses play vital role in determining driver’s duty of care

Lee v McGrath [2018] ACTSC 173, heard in early June, involved the Plaintiff being struck and receiving catastrophic injuries when he attempted to run across a busy highway. The driver of the vehicle failed to stop in time to avoid striking the Plaintiff, due to being distracted by the Plaintiff’s friends, who ran across the road […]

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Anti-vaxxer v Doctor: Who is the real expert?  

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 in a family law dispute between a mother and father. Background The dispute centres around whether the couple’s children should be immunised. Dr Wilyman was retained by the solicitors acting […]

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