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Expert Blog

Case Study: s 79(2) of the Evidence Act 1995 (Cth) and the Royal Commission into Child Sexual Abuse – the continuing and broader significance of child development and behaviour experts

  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 of expert testimony on child development and behaviour in child assault cases.[1] The ALRC’s 2005 report Uniform Evidence Law lists two attributes of the rules governing the admission of […]

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In two minds: what happens when an expert witness changes their mind?

It is without doubt that expert witnesses play a vital role in the dispute resolution process. They provide insights into technical and scientific fields without which the court would often be unable to make a fully informed decision on the case before it. However, expert witnesses present their own set of challenges for courts and […]

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Expert Witness Case Study – Expertise, Errors and the Expert

Holdsworth & Ellison v RSPCA [2015] VCC 653  Background The case involved a dispute concerning the slaughter of cattle which occurred in the early 1990s on Victorian land. The dispute considered whether the RSPCA acted negligently in mistakenly putting down certain cattle owned by the plaintiff. The plaintiff’s contention was that, as a result of […]

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