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Expert Evidence: Law, practice, procedure and advocacy e6

Expert Evidence: Law, practice, procedure and advocacy e6

By Ian Freckelton QC

Expert Evidence: Law, practice, procedure and advocacy, now in its sixth edition, is the acclaimed work of first resort for analysing the complex law and practice surrounding expert witnesses and expert evidence in personal injury, commercial, criminal and family law litigation.

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  • Full description

    Expert Evidence: Law, practice, procedure and advocacy, now in its Sixth Edition, is the acclaimed work of first resort for analysing the complex law and practice surrounding expert witnesses and expert evidence in personal injury, commercial, criminal and family law litigation. It has been cited for over two decades by superior courts in every jurisdiction in Australia and New Zealand, as well as in a number of other countries. The sixth edition consolidates Expert Evidence as the leading international work on its subject, with additional treatment of the law in common law jurisdictions.

    Expert Evidence analyses the common law and statutory criteria for expert evidence admissibility and provides advocacy guidance in relation to how best expert witnesses can be assisted to provide their opinions to courts and be made accountable for them. It discusses the optimal ways for concurrent evidence (hot-tubbing) and experts‘ meetings prior to court hearings (expert conclaves) to be managed. It reviews decisions in relation to the disciplinary and civil liability of expert witnesses, and the potential for wasted costs orders to be made against experts, as well as the lawyers who commission them. It analyses the role of assessors, referees and court-appointed experts, as well as the forensic consequences of courts’ codes of conduct for experts, including when breaches of such codes may have to adverse consequences. It also reviews trends in appellate case law in relation to trial judges’ decisions to admit and decline to admit expert opinions.

    Expert Evidence also deals with a range of areas of specialist knowledge where admissibility and reliability issues have been confronted in relation to expert opinions, including in relation to novel medical and scientific evidence, as well as counter-intuitive opinions from mental health professionals. Chapters are devoted to accounting, engineering, statistical, anthropological, survey, and planning evidence, as well as in relation to expert evidence about foreign law.

    New Developments:


    • Reflecting the law as at 1 July 2019, the Sixth Edition:
    • incorporates new material in relation to:
    • evidence by forensic engineers and architects;
    • interpretation of admissibility thresholds under both statutory and common law;
    • appellate decisions on DNA profiling and novel scientific evidence;
    • expert evidence about foreign law;
    • ad hoc expert evidence given by police witnesses;
    • the role of referees and concurrent evidence, consecutive expert evidence and the use of expert conclaves;
    • empirical material in advocacy chapters; and
    • costs orders against experts and legal practitioners;
    • updates international case law in relation to expert evidence; and
    • reviews options for appellate action to be taken in relation to admissibility determinations concerning expert opinion evidence.
  • About the author
  • Product details

    ISBN: 9780455238425

    Published: 2019

    Format: Softcover

  • Table of contents

    PART 1  - INTRODUCTION

    1.0        Introduction

    PART 2  - COMMON LAW EVIDENTIARY RULES

    2.0        Common law exclusionary rules

    2.05      The expertise rule

    2.10      The area of expertise rule

    2.15      The common knowledge rule

    2.20      The basis rule

    2.25      The ultimate issue rule

    2.30      Judicial notice

    2.35      Discretionary exclusion of expert evidence

    PART 3  - STATUTORY EVIDENTIARY RULES

    3.0        Statutory law in Australia

    3.05      Statutory law in New Zealand

    3.10      Statutory law in the United States

    3.15      Law reform proposals

    PART 4  - APPEALS

    4.0        Appeals in relation to expert evidence

    PART 5  - PROCEDURE

    5.0        Forensic reports

    5.05      Court rules and ethical obligations

    5.10      Costs and client legal privilege

    5.15      Wasted costs orders (new)

    5.20      Remuneration of experts

    PART 6  - EXPERT WITNESSES AND DECISION MAKING

    6.0        Court-appointed experts

    6.05      Assessors

    6.10      Referees

    6.15      Conclaves (new)

    6.20      Concurrent expert evidence

    6.25      Consecutive expert evidence (new)

    PART 7  - EXPERT EVIDENCE IN COURT

    7.0        Preparation and examination of the expert witness

    7.05      Cross-examination of the expert witness

    7.10      Sentencing evidence by the expert witness 

    PART 8  - LIABILITY OF EXPERTS

    8.0        Criminal and civil liability of expert witnesses and report writers

    8.05      Regulatory liability of expert witnesses and report writers

    PART 9  - MEDICAL, DENTAL AND NURSING EVIDENCE

    9.0        Medical evidence

    9.05      Dental evidence

    9.10      Nursing evidence

    PART 10 - MENTAL HEALTH EVIDENCE

    10.0      Psychiatrists' and psychologists' evidence

    10.05    Fitness for interview evidence

    10.10    Fitness to stand trial evidence

    10.15    Identification evidence

    10.20    Memory evidence

    10.25    Mental state evidence

    10.30    Syndrome evidence

    10.35    Profiling evidence

    10.40    Prediction of risk evidence

    10.45    Post-traumatic stress disorder evidence

    10.50    Critical incident stress intervention evidence

    PART 11 - SOCIAL SCIENTISTS' EVIDENCE

    11.0       Survey evidence

    11.05    Historians’ evidence

    11.10    Anthropologists' evidence

    11.15    Cultural experts' evidence

    11.20    Linguists' evidence

    PART 12 - SCIENTISTS' EVIDENCE

    12.0      Scientific evidence

    12.05    Novel scientific evidence

    12.10    Fingerprinting, footprint and footwear evidence

    12.15    Document analysis evidence

    12.20    DNA evidence

    12.25    Statistical and probability evidence 

    PART 13 - POLICE EVIDENCE

    13.0      Police evidence

    13.05    Tracker and sniffer dog evidence

    PART 14 - ACCIDENT RECONSTRUCTION EVIDENCE

    14.0      Accident reconstruction evidence

    PART 15 - FOREIGN LAW EVIDENCE

    15.0      Foreign law evidence 

    PART 16 - FINANCIAL EVIDENCE

    16.0      Valuation evidence

    16.05    Financial evidence

    PART 17 - CONSTRUCTION EVIDENCE

    17.0      Engineers’ evidence (new)

    17.05    Architects’ evidence (new)

    17.10    Quantity surveyors’ evidence

    17.15    Planning evidence

    PART 18 - INTELLECTUAL PROPERTY EVIDENCE

    18.0      Patent evidence

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