Expert Blog

Conclaves function as a way for courts to clarify the divergent and numerous expert opinions they need to address in more technical matters requiring two or more expert opinions. They arise when opposing sides in litigation or arbitration have sought expert reports and, for the purpose of effectively collating the positions of the experts, the […]

The judgement in this recent case was handed down by the Technology and Construction Court of the UK High Court of Justice. Although it does not directly affect Australian law on expert witness duties, lawyers and experts should nonetheless be mindful of the approaches of courts towards the scope of fiduciary duties and influence of […]

The social distancing measures put in place these past few months may have affected the work of expert witnesses as they have all Australians. In the months that have passed, and in the months to come, courts will need to consider whether changes to the circumstances of expert witness reporting and court appearances will warrant […]

Part 3.7 of the Evidence Act 1995 (Cth), which relates to assessments of the credibility of witnesses does not apply to expert witnesses. However, courts separately still grapple with the “credibility” of expert witnesses. We discuss some circumstances in which the issue of the credibility of an expert witness might come into question, and what […]

With the implementation of social isolation policies, digital communication and eCourtrooms will now become the main format for conducting trials. Whilst Courts have released guides on virtual proceedings, the pandemic restrictions will no doubt affect the conduct of matters outside of court as well. The Queensland Supreme Court in its Judgement for Tyndall v Kestrel […]