Expert Blog

Case Study: Expert witnesses and legal professional privilege

Roach v Page (No 17) [2003] NSWSC 973 This case considered whether documents which constituted communications or notes of communications between defence counsel and their expert witness were subject to legal professional privilege. Background The plaintiff, in this case, challenged a claim of legal professional privilege made by the defendants in relation to certain documents […]

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Class Actions and Social Value: Entrepreneurial Litigation or Litigation for the Greater Good?

Class actions present an interesting social dichotomy. On one hand, participants in class actions and the law firms which represent such participants are often depicted as opportunistic, tactical, and even money-hungry litigants who are engaging in “entrepreneurial litigation”[1]. On the other hand, class actions have the important social value of empowering victims who, on their […]

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When is an expert not an expert witness?

Roads and Traffic Authority (NSW) v Barrie Toepfer Earthmoving Land Management Pty Ltd (No 3) [2012] NSWSC 937 This case considers the issue of when a witness provides expert testimony but does not fall within the definition of an “expert witness” under the Uniform Civil Procedure Rules 2005 (NSW) (‘UCPR’) and as such is not […]

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Victoria Embraces Expert Witness Code of Conduct

As of June 1, 2016, the Victorian Supreme Court (General Civil Procedure) Rules 2015 (the Rules) were updated to include an expert witness code of conduct which is uniform with other Australian jurisdictions. The amendments remove the previous requirements for an expert witness report found in regulation 44.03(2). This provision provided that an expert witness […]

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