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Searching Content indexed under Disclosure & Electronic Discovery & Privilege by KordaMentha ordered by Published Date Descending.
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1
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
2
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
3
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
4
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
5
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
6
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
7
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
8
Evidence lost in translation
This case highlights the intricacies and potential issues for experts in translating emoticons, symbols and expressions.
Australia
19 Nov 2018
9
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
10
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
11
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
12
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
13
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
14
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
15
Preserving digital evidence - Image first, ask questions later
Preserving digital evidence is easy and can provide peace of mind, so that if suspicion emerges later, it is available.
Australia
25 Nov 2016
16
Federal Court Practice Note for Expert Witnesses: joint expert conferences and concurrent evidence
The new Practice Note includes extensive provisions on joint expert conferences and reports; and on concurrent evidence.
Australia
3 Nov 2016
17
Don't delay getting documents for your expert
Where time is limited (as it was in this case) the option to appoint an independent computer expert may not be practical.
Australia
24 Oct 2016
18
Is sensitive information in a letter of instruction to an expert privileged?
Solicitors should think carefully before disclosing sensitive information to experts in a letter of instruction.
Australia
6 Sep 2016
19
Acceptance of predictive coding in the UK continues to grow
Predictive coding is a legitimate alternative and often preferable to traditional keyword searching and linear review.
UK
22 Aug 2016
20
Further advances in Technology Assisted Review (TAR)
Technology Assisted Review (TAR), or predictive coding, is an alternative to the traditional manual review of documents.
Australia
15 Jul 2016
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