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ARTICLE · 04 AUGUST 2026

Expert Evidence Must Have Sure Footings

Bartier Perry Solicitors
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In the ever-evolving landscape of the building and construction industry, legal practitioners and expert witnesses must remain vigilant to the nuances of expert evidence admissibility. The recent case of Max Build Pty Ltd v Owners - Strata Plan No 54026 highlights the importance of an expert’s qualifications, the reliability of expert reports, the requirements of admissible expert opinion evidence, and the role of legal practitioners in shaping expert evidence.

AustraliaReal Estate and Construction
David Creais
David Creais
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In the ever-evolving landscape of the building and construction industry, legal practitioners and expert witnesses must remain vigilant to the nuances of expert evidence admissibility.

The recent case of Max Build Pty Ltd v Owners - Strata Plan No 54026 highlights the importance of an expert’s qualifications, the reliability of expert reports, the requirements of admissible expert opinion evidence, and the role of legal practitioners in shaping expert evidence.

The facts

The salient facts were as follows:

  • In November 2020, Max Build was engaged by the Owner’s Corporation to perform remedial works on the heritage-listed Grace Brothers building in Broadway;

  • In 2022, disputes arose when the Owner’s Corporation rejected two variations;

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