Expert evidence and privilege in Australian courts – a cross-jurisdictional insight

Expert evidence in Australia is used when a party requires the expertise of a witness who possesses "specialised knowledge" by reason of the person's training, study or experience. While all practitioners understand that once an expert report is tendered, any privilege attached to the report itself is waived, Australian practitioners and litigation funders should be conscious of the difference in jurisdictions when it comes to the discoverability of any briefing material and communications sent between the expert, the party's lawyers and third parties, like litigation funders, as well as their legal and ethical obligations when engaging with an expert to produce an expert report.