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ARTICLE · 28 JULY 2013

Expert advice: when expertise clashes with loyalty

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This edition of Expert Matters reviews 2 cases which involved expert evidence by employees of parties to the litigation.

AustraliaLitigation, Mediation & Arbitration
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Bradken Resources Pty Ltd v Lynx Engineering Consultants Pty Ltd [2012] FCA 944 (31 August 2012) and Alstom Ltd v Yokogawa Australia Pty Ltd & Anor (No 7) [2012] SASC 49 (2 April 2012)

In this edition of Expert Matters we review two cases which involved expert evidence being provided by employees of parties to the litigation, with different outcomes.

Introduction

When giving evidence, it is important that an expert remains independent and free from bias. This is set out in professional standards (such as APES 215, which applies to accountants) and in court expert witness codes of conduct. For example, the Expert Witness Code of Conduct in Victoria1 requires that an expert, among other things:

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