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Expert Blog

Engaging Expert Witnesses during the Pandemic

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 […]

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5 Common Mistakes that Lawyers Make When Working with Expert Witnesses

As expert witness evidence often decides the outcome of the case, it is of prime importance that solicitors ensure clear communication with the expert to present the best possible evidence for their case. Unclear communications, misunderstandings, and many other potential mistakes hinder the expert’s capacity to provide the best possible evidence. We recently surveyed over […]

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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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