In a New South Wales corporate insolvency action, an expert report by a consultant of one of the plaintiff firms was admitted into evidence by the court.
The report was by Martin Madden, a senior consultant in KordaMentha, one of the plaintiff firms in the insolvency of the steelmaker Arrium Ltd.
Arrium’s counsel argued that the report breached the code of conduct for expert witnesses. However, the judge said it would be sufficient for Mr Madden to agree in the witness box to be bound by the code.
The judge took the view that the expert code was not designed to deal with the situation: “Consequently, there’s a real question to whether some aspects of the code are designed to deal with this situation at all.”
News report here.