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Vol 25 No 1 Jan/Feb 2020

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Expert Evidence: Law, Practice, Procedure and Advocacy 6th ed

ISBN13: 9780455238425
Previous Edition ISBN: 9780455231624
Published: November 2019
Publisher: Thomson Reuters Australia
Country of Publication: Australia
Format: Paperback
Price: £168.00

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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.

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.

Evidence, Other Jurisdictions , Australia
Part 1: Introduction
Part 2: Common law evidentiary rules
Part 3: Statutory evidentiary rules
Part 4: Appeals
Part 5: Procedure
Part 6: Expert witnesses and decision making
Part 7: Expert evidence in Court
Part 8: Liability of experts
Part 9: Medical, dental and nursing evidence
Part 10: Mental health evidence
Part 11: Social scientists' evidence
Part 12: Scientists' evidence
Part 13: Police evidence
Part 14: Accident reconstruction evidence
Part 15: Financial evidence
Part 16: Planning evidence
Part 17: Intellectual property evidence