The tale of a problematic expert
16 June, 2023
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Scenic Tours Pty Ltd v Moore [2023] NSWCA 74 In this case, an expert in the travel business was considered by the court to be problematic
Scenic Tours Pty Ltd v Moore [2023] NSWCA 74 In this case, an expert in the travel business was considered by the court to be problematic
Australian Securities and Investments Commission v Union Standard International Group Pty Ltd (Trial Ruling No 2) [2023] FCA 333 In this case, the Court found that
Strickland on behalf of the Maduwongga Claim Group v State of Western Australia [2023] FCA 270 In this case, the Court made observations regarding an
Who reads Executive Summaries? It’s an obvious point but one worth remembering: decision makers in courts or tribunals are busy people. They may be sitting
The Federal Court in McNickle v Huntsman Chemical Company Australia Pty Ltd (Assessors) [2021] FCA 780 (25 June 2021) recently decided to appoint an assessor
Jason Feng is an Associate at Pinsent Masons where he specialises in Projects and Infrastructure projects and legal matters. He has worked closely with contractors
David Talintyre is a barrister at Level 22 Chambers. He has over 20 years of experience at the bar taking on diverse commercial, construction, engineering,
Lawyers commonly ask experts to critique other experts’ reports, a move which recently received criticism in the Federal Court. We review Justice Yates’ comments on
In Long v IS Industry Fund Ptd Ltd (No 2) [2020] NSWSC 1541, the NSW Supreme Court addressed complaints of irrelevance and prejudice levelled at an expert
Background Facts and Key Issues In ASIC v Big Star Energy Limited (No3) [2020] FCA 1442, ASIC accused Big Star Energy Ltd, previously known as
In most circumstances, parties who have asked their experts irrelevant questions run the risk of receiving expert evidence which comments on matters outside of the
Background facts: The Defendant, Jestins Enterprises, entered into an agreement with Blackmores that allowed the Defendant to order and obtain products from Blackmores on credit.
An “event study” is a useful tool performed by experts to measure the effect of the disclosure of information on the price of a particular
Conclaves allow courts to clarify the divergent and numerous expert opinions they need to address in more technical matters requiring two or more expert opinions.
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
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
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
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
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
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
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
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
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
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
Sanrus Pty Ltd & Ors v Monto Coal 2 Pty Ltd & Ors (No 8) [2019] QSC 255 concerned proceedings that Sanrus Pty Ltd brought
Although expert evidence is made exempt from the Opinion Rule by Section 79 of the Evidence Act (NSW) 1995, it is still subject to the
In an age of growing demand for expedient and high-risk cosmetic procedures, we may see an influx of negligence claims soon, if not already. Where
It is a growing trend for letters of instruction to be dated to be contemporaneous with the completion of an expert witness report. In this case, comments were made suggesting that this practice should be avoided.
This case is a timely reminder of the impact that a thorough expert, who explores and considers all avenues of relevant information, can have on a case.
This case is a pertinent reminder of the impact expert evidence can have on a matter, and the difficulty of refuting expert evidence without the assistance of an expert witness to offer an opposing view.
What are the common mistakes that can make a report less effective and, at worst, inadmissible in court? This article examines some typical issues that arise when lawyers engage experts, and how to avoid them.
If an expert is asked a ‘wrong’ question, expensive expert comment may have been enlisted that the court will never hear.
This case is a pertinent reminder that lawyers and experts alike should ensure that joint expert reports align with the provisions of the court in which evidence is being given, or else risk expert evidence being rendered inadmissible.
In most instances, an expert witness will be engaged by a law firm and paid a fee before, or upon delivery, of their expert report. However, there are situations in which an expert will be engaged on a contingency basis or, as it is more popularly known, a ‘no win, no fee’ basis.
When engaging an expert witness, it is of paramount importance that a correct match is made regarding the contentious issue in litigation and the speciality of the expert witness engaged to provide opinion.
As concurrent evidence is now the norm in civil trials in New South Wales, it is important for lawyers to be aware of the process, and how best to manage the expert witnesses involved, to ensure things run smoothly and that the best outcome possible is achieved.
In the event that an expert is required to give evidence in court, it is important to be aware of an expert witness’s responsibilities for court attendance.
Must all expert advice be disclosed, even if it hasn’t been “deployed” in court? Facts The plaintiffs in this Queensland Supreme Court case, Murphy &
One ongoing areas of discussion in legal reform is that of unconscious bias in expert witness evidence and how it may be avoided. We discuss the main issues and describe how it can be minimised or avoided.
Introduction Bicknell v Pickard [1] centered around to what extent the plaintiff’s psychiatric illnesses were caused by a motorcycle collision between the plaintiff and the defendant,
Introduction As outlined in the Expert Witness Code of Conduct in each jurisdiction, an expert’s duty is to the court and the independence of their
As the population of Australian capital cities continues to grow, an increasing number of people are living in apartments. Although the government has spent decades
The Honourable Justice Chesterman once defined the role of the expert witness as: “… to educate or inform the court about the relevant aspects of the witness’s specialty to enable the court itself to access evidence, which, without that tuition, the court would be unable to do”. In most circumstances, the court does not admit mere opinion into evidence, as indicated by the opinion rule in s76 of Evidence Act (Cth) 1995 […]
Lee v McGrath [2018] ACTSC 173, heard in early June, involved the Plaintiff being struck and receiving catastrophic injuries when he attempted to run across a
When preparing a letter of instruction for an expert witness, it is recommended that legal practitioners abstain from directly asking experts ‘ultimate issue’ legal questions. This is due to the risk that the expert witness’s answer will be deemed as being beyond their expert knowledge and be inadmissible, by virtue of not falling under the Expert Exception Rule in Section 79 of the Evidence Act.
Dr Judy Wilyman, one of Australia’s most notorious anti-vaccination activists, was reported in late September as having been called to act as an expert witness
Background: The pre-trial management by the court of expert witnesses and the evidence they are to prepare can be a tricky issue for judges and
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
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
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
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
If you have acted as an expert witness, you will know one of the most fundamental rules is that you must be impartial and not
Cryptocurrency is an increasingly popular alternative currency. Since it is a virtual currency, the laws that govern it differ from those which govern standard (or
Over the past few years, US-based pharmaceutical giant Johnson & Johnson has been embroiled in extensive US litigation concerned with whether or not their
Many ideas and facts taken for granted as accepted, common knowledge were once in the realm of expert knowledge. For example, at certain points
Cross-examination of an expert witness is a common technique used by legal counsel to discredit the testimony provided by an expert witness. Expert witnesses
Class actions present an interesting social dichotomy. On one hand, participants in class actions and the law firms which represent such participants are often
Roads and Traffic Authority (NSW) v Barrie Toepfer Earthmoving Land Management Pty Ltd (No 3) [2012] NSWSC 937 This case considers the issue of when
As of June 1, 2016, the Victorian Supreme Court (General Civil Procedure) Rules 2015 (the Rules) were updated to include an expert witness code of
In December 2014, the city of Sydney was sent into lockdown after a lone gunman, Man Haron Monis, took ten customers and eight employees
“The scientist shouldn’t become too adventurous, too competitive. The trouble is, we’re all so human. I’ve never seen a case more governed by human frailties.”
Acknowledgment of Codes of Conduct In this Case Study we consider the requirement, under the Court Procedures Rules 2006 (ACT), that expert witnesses be provided
On Thursday 26 May experts in all fields gathered at the ExpertsDirect Sydney office for our Expert Witness Training Program. Coming from around Australia and
Expert Testimony in the Skidmore vs Led Zeppelin et al. IP Trial An eight-person US District Court jury has unanimously found Led Zeppelin not guilty
Lake Macquarie City Council v Australian Native Landscapes Pty Ltd [2015] NSWLEC 92 Facts This case relates to a dispute between Australian Native Landscapes Pty
Legal practitioners are faced with various options when determining which expert witness to engage in a particular trial. As discussed in our previous blog post,
Legal counsel face numerous decisions when determining whether or not to engage an expert witness and, beyond this, which expert witness to retain for an
This guest post was written by OH&S expert, Ray White. What happens when you put a baker’s dozen of expert witnesses and legal eagles in a
Following the success of Serial, a follow up podcast, Undisclosed, was released in early 2015. Undisclosed was presented by three lawyers, one of whom was
True crime TV shows and movies have captivated audiences for years. In late 2014, however, it was the podcast Serial, a week-by-week retelling of a
Part 2: The Impact of the Gender of an Expert Witness In a 2001 study undertaken by the University of Queensland and the University of
Part 1: The Role of Experts in Gender Sensitive Trials Gender issues play a large role in court room dynamics. On one hand, certain types
It is with great delight that we announce the success of our Class Action Hypothetical events in Sydney and Melbourne, held in conjunction with Herbert
In January 2016, the NSW District Court followed the lead of superior NSW courts and introduced the requirement of joint conferencing for expert witnesses. As
After expressing my respects to the vollies and professional firefighters and firemen, and the many supporting groups and agencies assisting with fire control and the
The comments made by Justice Beach in the recent Abalone Virus class action have highlighted an issue in the expert evidence realm. Justice Beach criticised
Three key factors influence the development of an effective system of security or safety for any workplace. They are: Laws directly applicable to the
This post is the second of a series illustrating the utility of expert witnesses in a number of Australian cases. In the first post
As mentioned in the first post of this series, the current law in Australia is that expert witnesses still enjoy immunity. This issue has
This post continues the three-part series on the UK Supreme Court’s decision Jones v Kaney [2011] 2 AC 398 which held that experts no longer
After the UK Supreme Court’s decision in Jones v Kaney [2011] 2 AC 398 experts no longer enjoy immunity from being sued. This post will begin a three-part series
A recent murder case from the United States has highlighted again the limitations involved when interpreting DNA evidence in a criminal case. A millionaire was
Colloquially known as hot-tubbing, the practice of concurrent evidence is gaining significant traction in Australian jurisdictions. In fact, the New South Wales Law Reform
Many developments have occurred in the context of litigation to overcome its prohibitive time and money costs and achieve the overriding purpose of the Civil
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