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Searching Content indexed under Litigation, Mediation & Arbitration by KordaMentha ordered by Published Date Descending.
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1
An instruction manual for the hot tub? New guidance from the CIArb on concurrent evidence in arbitrations
Article highlights that there is no ‘one size fits all' for managing expert evidence.
Australia
30 Jul 2019
2
Shareholder class actions: What is the loss?
The assessment of loss in a shareholder class action often depends on how lawyers, on behalf of claimants, frame damages.
Australia
2 Jul 2019
3
Value is in the eye of the beholder
The principles of value established in this native title case could also relate to other intangible personal rights.
Australia
2 Jul 2019
4
Loose metadata sinks ships
In a recent UK case, the metadata of a photo proved to be a vital piece of evidence in shaping the outcome of the case.
Australia
23 May 2019
5
Changing places: is a new opinion by experts in a joint report admissible?
This article considers the implications and admissibility of expert opinions in joint reports and concurrent evidence.
Australia
23 May 2019
6
Casting a wide net: reports of experts who are not deployed may be discoverable in Qld
This article discusses a recent Qld case which highlights when a statement or report from an expert requires disclosure.
Australia
 
17 May 2019
7
Leveraging technology: What in‑house investigation teams can learn from litigators
Since the Commission, the role of in-house corporate investigation teams has never been more prominent or more difficult.
Australia
11 Apr 2019
8
Putting Continuous Active Learning (CAL) to the test
A key advantage of CAL is the real-time intelligence our experts can derive from each coding decision made by a reviewer.
Australia
11 Feb 2019
9
Wrong direction for expert evidence: Uber versus taxis and taxes
Expert evidence is inadmissible if it does not relate to knowledge based on specialised study, training and experience.
Australia
21 Nov 2018
10
Sold a lemon: using a partisan expert witness may cost you more than just their fees
Expert witnesses have an obligation to act independently and objectively, so that their reliability is without question.
Australia
21 Nov 2018
11
Expert evidence is only as good as the supporting assumption - no try
Recent case highlights that expert evidence is of limited utility if based on assumptions that are unclear or cannot be proven.
Australia
21 Nov 2018
12
Evidence lost in translation
This case highlights the intricacies and potential issues for experts in translating emoticons, symbols and expressions.
Australia
19 Nov 2018
13
To write or not to write: the appropriateness of instruction letters with expert reports
The article discusses the increasing trend of attaching letters of instruction with the completion of an expert's report.
Australia
19 Nov 2018
14
Liar, liar, house on fire - Expert evidence and specialised knowledge
This case highlights certain questions to be considered early to ensure that the expert's reports are not rejected later.
Australia
19 Nov 2018
15
Expert evidence in arbitration
The article provides insights into being retained as an expert witness in Arbitration, Court and other proceedings.
Australia
20 Apr 2018
16
Orders reveal new method of validating TAR (Technology Assisted Review) search results
The validation protocol mandated in the order adds robustness and transparency to the discovery process.
United States
12 Mar 2018
17
The changing role of forensic accountants and expert witnesses
Accountants can act as consultants, providing expertise and assistance to lawyers to help settle matters outside court.
Australia
20 Jul 2017
18
Does smoking cause cancer? Or is it the other way around? - calculation of damages
This case shows that it is possible to establish causation when a statistical correlation is supported by common sense.
Australia
20 Jul 2017
19
Expert Matters: Only some experts in harmony
Tasmania was the first to adopt rules for expert evidence consistent with the harmonised Expert Witness Code of Conduct.
Australia
24 Feb 2017
20
Australia joins the TAR (Techology Assisted Review) trend
There is now significant action in the use of TAR to manage discovery in cases involving enormous numbers of documents.
Australia
8 Dec 2016
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