Expert Blog

Cross Examination of Expert Witnesses: Digging Up the Past

Cross-examination of an expert witness is a common technique used by legal counsel to discredit the testimony provided by an expert witness. Expert witnesses may be cross-examined on a variety of issues such as their experience in their chosen field, the methods used to reach their conclusions or any prior inconsistent statements made by the […]

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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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