Federal Court warns against experts who criticise without reporting their alternative findings

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 this approach in Sanda v PTTEP Australasia (Ashmore Cartier) Pty Ltd (No 7) [2021] FCA 237, and consider how lawyers and experts can avoid its pitfalls.

In March 2021, the Federal Court upheld a claim against PTT Exploration and Production Company Limited for its negligent management of the Montara Oil and Gas Field, which caused one of the worst oil spill disasters in Australian history and destroyed the seaweed crops of 15,000 farmers based around the Timor Sea. Several internationally renowned experts on oil spill chemistry, modelling, and environmental impact contributed expert testimony in the form of reports and cross-examination. Justice Yates' comments on the approach of one of the PTTEP's experts amounts to some important advice on expert reporting for experts and lawyers.