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Expert Evidence: Recent Cases
Promoted by KordaMentha Forensic.
Expert Evidence: Recent Cases is an opportunity to be updated about developments and significant decisions from Australian courts over the past two years that relate to expert evidence from the point-of-view of those providing or preparing expert evidence, rather than that of lawyers and judges
Over the last year, staff at KordaMentha Forensic reviewed over 2,500 recent cases from the Australian courts relating to principles of expert evidence and emerging trends in this area of the law.
Continuing the format established in Edition 1, in this edition of Expert Evidence: Recent Cases, we have included over 300 of those judgments in our summaries of matters (by jurisdiction and by topic). and presented 40 of these in the form of case reviews which provide a short background of the relevant facts and issues, along with a discussion of that case’s potential relevance to this area of law and practice.
This edition has its share of experts behaving badly, reinforcing a continuing theme that courts will reject evidence based on unsupported facts, inadequate enquiries, insufficient expertise, and a lack of impartiality.
It also includes judgments that include consideration of:
- the difference between compromised opinions and consensus opinions when experts provide joint opinions
- the practice of attaching instruction letters that are contemporaneous with the finalisation of an expert report
- whether the lack of forensic accounting evidence should lead to the rejection of settlement proposals by the court
- whether matters agreed by experts in joint conference can be reopened at trial
In addition to case reviews, Edition 2 includes articles by our senior staff in respect of key matters in expert evidence today including:
Concurrent evidence – after several years the use of concurrent evidence in Australian courts has become the norm, but we look back in time to examine the trends and evolution of concurrent evidence in judgments, in conjunction with the actual experience of our senior staff.
International arbitration – we look at the factors that can contribute to expert evidence being successful and critical to an arbitral panel understanding key aspects of a case.
As one of Asia-Pacific’s most trusted forensic groups, businesses and courts rely on KordaMentha Forensic to ask the right questions and present what we find in an independent, clear way in reports and as expert witnesses in court.
For a complimentary copy of Expert Evidence: Recent Cases, please register your details at: kordamentha.com/expert-evidence
