by Mark Tottenham BL | Feb 12, 2021 | Admissibility of expert evidence
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...
by Mark Tottenham BL | Jan 16, 2021 | Arbitration, mediation and conciliation
In an article in the ACICA Review, published by the Australian Centre for International Commercial Arbitration, Ruby Lee and David Van Homrigh of KordaMentha assess the experience of a year of virtual hearings in arbitration, particularly as regards expert evidence....
by Mark Tottenham BL | Nov 19, 2019 | Misconduct by experts
A curious issue has arisen in Australia concerning a clinical psychologist found guilty of professional misconduct. This blog recently included a post on the primary issue. The psychologist had concluded that a father showed traits of psychopathy such that it might be...
by Mark Tottenham BL | Nov 2, 2019 | Privilege over communications with experts
“Justice Riordan of the Supreme Court [of Victoria] in his recent Expert Evidence Ruling confirmed that communications between lawyers and experts are permissible and will not impede the expert’s impartiality as long as there is no attempt to influence the...
by Mark Tottenham BL | Oct 23, 2019 | Misconduct by experts
An Australian psychologist has been banned from acting as an expert witness and fined AUS$20,000 because of conduct in a family law case. He attributed traits of psychopathy to the father of a child without sufficient sufficient data or clinical evidence, and...
