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ARTICLE · 11 AUGUST 2021

Under par, how a game of golf jeopardised the independence of an expert

The obligation to maintain independence extends not only to the experts, but to those assisting the expert in preparing reports.

AustraliaLitigation, Mediation & Arbitration

Yelland Security Pty Ltd v Plus Architecture International Pty Ltd [2021] VSC 416

Independence and objectivity are imperative to the role of an expert witness. Without adhering to those principles, the credibility of the expert, and the weight given to their opinions, is at stake.

This case provides a salutary reminder that the obligation to maintain independence and objectivity extends not only to the expert themselves, but to those assisting the expert in preparing reports.

Background

The case concerned a claim arising from the termination of Mr Yelland, a principal director of entities within the Plus Architecture Group, and the subsequent divestment of shares held in the Group.

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