Expert Blog

Snapshot: Expert report debunks myth of Australia as a class action haven

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 footsteps of the United States. The report examined class action rates in different countries, noting that Australia was hardly the “out of control” class-action happy jurisdiction critics claimed, compared […]

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Call for greater use of expert witnesses to protect victims of sexual assault

  In sexual assault trials, victims are often re-traumatised by the cross-examination received at the hands of defence barristers. This issue has been brought to the fore by Tanya, the woman who endured assault at the hands of disgraced One Nation adviser Sean Black, who waived her right to anonymity, in order to speak out […]

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High Court clarifies the principles for preliminary discovery – weight of expert evidence

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 v Samsung Bioepis AU Pty Ltd [2017] FCAFC 193. The High Court’s rejection, and the chain of litigation prior to it, have helpfully clarified the weight to be given to […]

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GetSwift Beauty Parade: engaging a single expert witness – does it make you more beautiful?

Phi Finney McDonald will exclusively run the class action against GetSwift, after the two other competing class actions were permanently stayed, as Lee J “was satisfied that the Webb Proceeding was very likely, in most scenarios at all stages of the proceedings, to produce a better return for group members”. [1] The decision hinged on […]

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NCAT relaxes rules for use of expert evidence

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, which were initiated on 23 February 2018, now apply and have clarified the situations in which an expert must comply with an Expert Witness Code of Conduct. Codes of Conduct […]

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