Expert Blog

Staying inside the lines – the importance of properly instructing experts

Introduction In the matter of R v BDI [2020] QCA 22, the appellant was convicted at trial of various rape and assault offences, including sexual offending against his biological daughter. He appealed against his conviction on several bases, including that the evidence at trial of a psychiatric expert, Dr Tracey, was inadmissible and that the […]

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Demonstrating Expertise – Structure and Application in Reporting

This case demonstrates that attention to the structure and language used in expert reporting assists courts in clearly identifying that expert opinions satisfy s 79 of the Evidence Act 1995 (Cth) , and by extension the requirements of the Dasreef and Makita rules. Background Australian Competition and Consumer Commission v Trivago N.V. [2020] FCA 16 […]

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Subject Matter Experts

The Status Quo ‘Subject Matter Experts’ (SMEs) are given this title within their own institutions to refer to individuals with particular expertise in subject matter areas. Often, they are called upon by either side in the litigation to provide direct material evidence of events at the centre of litigation. In many other circumstances, however, courts […]

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Admissibility and the Loss of Expert Witness Independence

Parties should aim to provide expert evidence from independent witnesses. However, the loss of independence does not in and of itself lead to a finding of inadmissibility. Background In Hussain v CSR Building Products Limited, in the matter of FPJ Group Pty Ltd (In Liq) [2016] FCA 392, liquidators of FPJ Group Pty Ltd (FPJ Group) […]

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The Scope of Admissible Lawyer-Expert Communications

Whilst courts are empowered to exclude prejudiced expert reports, parties may nonetheless advise experts on proper reporting practices and case theories. We examine comments by Justice Riordan on admissible lawyer-expert communications. Background In Finance & Guarantee Company Pty Ltd v Auswild (Expert Evidence Ruling) [2019] VSC 665, the beneficiaries of a Trust brought claims against its trustees (Auswild) […]

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