ArticleLehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369In the defamation case, the court did not need to place weight on the expert evidence of the forensic lipreader.AustraliaLitigation, Mediation & ArbitrationExpertsDirect
ArticleMedical expert's opinion valid, even if facts or assumptions relied on do not exactly match those proven at trialValidity of medical expert's opinion challenged in recent case.AustraliaLitigation, Mediation & ArbitrationExpertsDirect
ArticleWhy one expert is preferred over another, despite similar qualificationsExpert evidence should be logical, consistent and well-reasoned in order to be compelling.AustraliaLitigation, Mediation & ArbitrationExpertsDirect
ArticleEffect of belated acknowledgment of the Expert Witness Code of ConductExpert was found not to have met the expert witness code's requirements in a recent case.AustraliaLitigation, Mediation & ArbitrationExpertsDirect
ArticleThe perils of seeking to rely on experiments as expert evidenceExperimental evidence can be expensive and time consuming, and not a just, quick and cheap resolution of proceedings.AustraliaLitigation, Mediation & ArbitrationExpertsDirect
ArticleExpert red flags: why one expert would be preferred over anotherIn recent case one expert's opinion was preferred over another's for a variety of reasons outlined here.AustraliaLitigation, Mediation & ArbitrationExpertsDirect
ArticleTribunal wrestles with "extraordinary" difference in expert viewsKey takeaways from recent case where experts held different views.AustraliaLitigation, Mediation & ArbitrationExpertsDirect
ArticleWhen are expert costs payable by the other party? The applicant's approach in initiating and continuing its case did not lead to the just, quick, and cheap resolution.AustraliaLitigation, Mediation & ArbitrationExpertsDirect
ArticleTribunal rejects applicant's self-proclaimed "expertise"NSWCATAD did not accept a "report" which had been styled as expert evidence, but which had been prepared by the applicant.AustraliaLitigation, Mediation & ArbitrationExpertsDirect
ArticleWill a non-binding expert determination frustrate the parties' contract?Expert valuers must ensure that their valuations follow the instructions provided by the parties and the contract terms.AustraliaLitigation, Mediation & ArbitrationExpertsDirect
ArticleCourt declines to rule out expert evidence at early stage of high-stakes lending caseFederal Court held that an interlocutory objection to admissibility of an expert report in its entirety, failed. AustraliaLitigation, Mediation & ArbitrationExpertsDirect
ArticleWhen may an expert be considered an advocate and no longer of assistance to the court?Examples of acts by an expert witness that would constitute advocating for one of the parties.AustraliaLitigation, Mediation & ArbitrationExpertsDirect
ArticleAdvocate and expert in the same matter, even if there is a hiatus? That's a red flagExperts must not act as an advocate and an expert in the same matter, even if there is a hiatus in between.AustraliaLitigation, Mediation & ArbitrationExpertsDirect
ArticleCosts Expert Opinion Rejected For Not Having Direct Experience In Practising Law In NSW.ACN 627 087 030 Pty Ltd as trustee for the YBL Trust (ABN 36 417 292 176) trading as Yates Beaggi Lawyers v Andrew John Price; ACN 627 087 030 Pty Ltd as trustee for the YBL Trust (ABN 36 417 292 176) trading as Yates Beaggi Lawyers v Elisabeth Theodore[2024] NSWDC 121AustraliaLitigation, Mediation & ArbitrationExpertsDirect
ArticlePrior written reports no assurance an expert is qualifiedAn expert who had previously written reports & presented evidence in various courts was still found to have "doubtful qualifications".AustraliaLitigation, Mediation & ArbitrationExpertsDirect
ArticleWhat is the effect if two expert statements are almost identical?When representing the same party, experts should be aware of similarities in content and expression in their opinions.AustraliaLitigation, Mediation & ArbitrationExpertsDirect
ArticleWhen is "adversarial bias" inapplicable?Discusses recent case where the appellants disputed the amount offered by Valuer General for their compulsorily acquired land.AustraliaReal Estate and ConstructionExpertsDirect
ArticleCourt Allows Evidence From Multiple experts With Same Specialty in Stroke Negligence Case Court ruled that the restriction upon multiple experts should yield to the plaintiff's concern to explore the comparison between the clinical indications for thrombolysis and clot retrieval.AustraliaLitigation, Mediation & ArbitrationExpertsDirect
ArticleExpert affiliation does not necessarily affect impartialityAn expert's current or past employment relationship with one of the parties does not, on its own, mean their evidence is automatically biased or will be inadmissible.AustraliaLitigation, Mediation & ArbitrationExpertsDirect
ArticleIn what instance will an application to reopen a case to introduce further expert reports be refused?Reopening a case may prejudice the other party or new evidence may impact the result.AustraliaLitigation, Mediation & ArbitrationExpertsDirect