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  • Article

    Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369

    In the defamation case, the court did not need to place weight on the expert evidence of the forensic lipreader.
    AustraliaLitigation, Mediation & Arbitration
    ExpertsDirect
    ExpertsDirect
  • Article

    Medical expert's opinion valid, even if facts or assumptions relied on do not exactly match those proven at trial

    Validity of medical expert's opinion challenged in recent case.
    AustraliaLitigation, Mediation & Arbitration
    ExpertsDirect
    ExpertsDirect
  • Article

    Why one expert is preferred over another, despite similar qualifications

    Expert evidence should be logical, consistent and well-reasoned in order to be compelling.
    AustraliaLitigation, Mediation & Arbitration
    ExpertsDirect
    ExpertsDirect
  • Article

    Effect of belated acknowledgment of the Expert Witness Code of Conduct

    Expert was found not to have met the expert witness code's requirements in a recent case.
    AustraliaLitigation, Mediation & Arbitration
    ExpertsDirect
    ExpertsDirect
  • Article

    The perils of seeking to rely on experiments as expert evidence

    Experimental evidence can be expensive and time consuming, and not a just, quick and cheap resolution of proceedings.
    AustraliaLitigation, Mediation & Arbitration
    ExpertsDirect
    ExpertsDirect
  • Article

    Expert red flags: why one expert would be preferred over another

    In recent case one expert's opinion was preferred over another's for a variety of reasons outlined here.
    AustraliaLitigation, Mediation & Arbitration
    ExpertsDirect
    ExpertsDirect
  • Article

    Tribunal wrestles with "extraordinary" difference in expert views

    Key takeaways from recent case where experts held different views.
    AustraliaLitigation, Mediation & Arbitration
    ExpertsDirect
    ExpertsDirect
  • Article

    When 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 & Arbitration
    ExpertsDirect
    ExpertsDirect
  • Article

    Tribunal 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 & Arbitration
    ExpertsDirect
    ExpertsDirect
  • Article

    Will 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 & Arbitration
    ExpertsDirect
    ExpertsDirect
  • Article

    Court declines to rule out expert evidence at early stage of high-stakes lending case

    Federal Court held that an interlocutory objection to admissibility of an expert report in its entirety, failed.
    AustraliaLitigation, Mediation & Arbitration
    ExpertsDirect
    ExpertsDirect
  • Article

    When 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 & Arbitration
    ExpertsDirect
    ExpertsDirect
  • Article

    Advocate and expert in the same matter, even if there is a hiatus? That's a red flag

    Experts must not act as an advocate and an expert in the same matter, even if there is a hiatus in between.
    AustraliaLitigation, Mediation & Arbitration
    ExpertsDirect
    ExpertsDirect
  • Article

    Costs 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 121
    AustraliaLitigation, Mediation & Arbitration
    ExpertsDirect
    ExpertsDirect
  • Article

    Prior written reports no assurance an expert is qualified

    An expert who had previously written reports & presented evidence in various courts was still found to have "doubtful qualifications".
    AustraliaLitigation, Mediation & Arbitration
    ExpertsDirect
    ExpertsDirect
  • Article

    What 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 & Arbitration
    ExpertsDirect
    ExpertsDirect
  • Article

    When 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 Construction
    ExpertsDirect
    ExpertsDirect
  • Article

    Court 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 & Arbitration
    ExpertsDirect
    ExpertsDirect
  • Article

    Expert affiliation does not necessarily affect impartiality

    An 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 & Arbitration
    ExpertsDirect
    ExpertsDirect
  • Article

    In 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 & Arbitration
    ExpertsDirect
    ExpertsDirect

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