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Searching Content indexed under Court Procedure by KordaMentha ordered by Published Date Descending.
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1
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
2
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
3
Evidence lost in translation
This case highlights the intricacies and potential issues for experts in translating emoticons, symbols and expressions.
Australia
19 Nov 2018
4
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
5
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
6
Advocacy undermines an expert
Changes to draft reports indicated a lack of independence, and resulted in no weight being placed on the expert's report.
Australia
21 Jul 2016
7
How specific does an expert's specialised knowledge have to be?
This recent appeal case involving (inadmissible) expert evidence suggests that experts should be granted some latitude.
Australia
29 Jun 2016
8
Be careful what you wish for in estate administration
Agreeing to a review of the estate administration and to be bound by its outcomes, can leave limited options to a party.
Australia
 
4 Mar 2016
9
Electronic evidence: More than just a hard drive
This article discusses potential uses of new sources of electronic evidence with the growth in data storage technologies.
Australia
17 Sep 2015
10
Body of Knowledge: Expert evidence and the limits of specialised knowledge
This case illustrates the difference between an expert opinion and a subjective call best left to a judge or jury.
Australia
 
25 Feb 2015
11
Interference costs - for interfering with an expert's report
The case highlights that an expert's overriding duty is to the Court and not to be an advocate for its instructing party.
Australia
 
11 Nov 2014
12
Messages from Canada - Should lawyers be able to suggest changes to their experts’ draft reports?
A controversial ruling from a Canadian court could have implications for the way expert witnesses prepare their reports.
Australia
23 Oct 2014
13
Metadata: the hidden evidence
In litigation, metadata can provide useful evidence and can be a powerful tool to prove a series of chronological events.
Australia
10 Oct 2014
14
The importance of meeting Court timetables
An expert must comply with directions or orders made by a Court, particularly with regard to meeting the timetables set.
Australia
 
6 Jul 2014
15
Calculating pre-judgment interest in a damages claim
This recent Federal Court decision discussed whether pre-judgment interest should be awarded and, if so, at what rate.
Australia
23 Apr 2014
16
The importance of meeting timetables set by a Court
The case reiterates that an expert has a responsibility to comply with directions, orders or timetables made by a Court.
Australia
26 Feb 2014
17
The catch to independence requirements: independent expert witnesses
The article discusses a case where both accounting experts engaged by the Defendant lacked the required independence.
Australia
 
3 Dec 2013
18
'Sharp edge' of oppression: expert valuation evidence
The exchange and receipt of expert evidence is usually routine and uncontentious, at least from a procedural perspective.
Australia
 
25 Sep 2013
19
The art and science of business valuation
This edition of Expert Matters reviews a case which considers expert evidence provided in the area of business valuation.
Australia
 
24 Sep 2013
20
Expert advice: when expertise clashes with loyalty
This edition of Expert Matters reviews 2 cases which involved expert evidence by employees of parties to the litigation.
Australia
 
19 Jul 2013
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