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Conclusion Preparing and presenting expert evidence has rigorous procedural requirements which, once learnt, are relatively easy to apply. What remains and will always remain the most difficult task is to comprehensively analyse the particular case and identify relevant facts and opinions: facts and opinions that, if accepted, could rationally affect (directly or indirectly) the assessment of the probability of the existence of a fact in issue in the proceeding. Thus preparation of expert evidence begins by sitting down and writing a list of each of the facts that you need to prove in order to establish your claim or make good your defence. This is essential before you approach an expert, because without it you cannot know what you need. It is also important to re-visit this list regularly during the proceedings and particularly during evidence preparation, as it is likely that things will need to be added to it as the case develops. Also, stand back from your evidence once you think you have finished and analyse it critically to see if anything has been forgotten or is not fully covered: read it as if you are acting for the other side and see what gaps you can identify. This requires consideration of the whole of the evidence, not just the expert evidence. Go back to your letters of instruction and check that all of the assumptions set out in them are still correct and have been established by admissible evidence. Check that your expert's report demonstrates his or her expertise for each opinion that they give. If you are responding to the other side's expert evidence check that all of the issues that they raised that you think are important have been addressed. Finally, think about whether a joint report might be useful and if so what issues it might cover and how it might be structured. You can then either raise this with the other side or, of you prefer, wait for someone to raise it with you. Annexures 1. Supreme Court Form 44A - expert witness code of conduct 2. Supreme Court Commercial Court Schedule 8 - standard joint experts order 3. Supreme Court Commercial Court Schedule 4 - standard valuation order 4. Federal Court Practice Note CM7 - expert witnesses 5. VCAT practice note PNVCAT2 - expert evidence Page 31 of 31
Security for Costs Presented by: Lydia Kinda Commercial Practice Seminar 20 June 2013
Page 1 and 2: RECENT DEVELOPMENTS IN COMMERCIAL L
Page 3 and 4: Susan Gatford Susan practices in co
Page 5 and 6: Example Orders • On or before ___
Page 7 and 8: • Counsel for a party to cross‐
Page 9: VCAT Practice Note 2 27. If directe
Page 12 and 13: Expert Evidence Presenter: Susan Ga
Page 14 and 15: Page 3 of 31
Page 16 and 17: The legislation Until recently Vict
Page 18 and 19: Section 80 is also important to rem
Page 20 and 21: Further, Professor Morton gave evid
Page 22 and 23: The High Court refused leave to app
Page 24 and 25: This approach refines the concept o
Page 26 and 27: Court practice notes and procedural
Page 28 and 29: (3) If the expert provides to a par
Page 30 and 31: - expert evidence means the evidenc
Page 32 and 33: (A) the opinion; and (B) the factua
Page 34 and 35: (2) The Court may give any directio
Page 36 and 37: Preparing expert evidence So, again
Page 38 and 39: The retainer Once a possible expert
Page 40 and 41: them information as, apart from any
Page 44 and 45: SECURITY FOR COSTS Application for
Page 46 and 47: 6. In a recent decision of Derham,
Page 48 and 49: and Execution of Process Act 1992 (
Page 50 and 51: “(H) Whether substantially the sa
Page 52 and 53: Mark-Sensing Shanghai Paper Product
Page 54 and 55: The process for appealing the decis
Page 56 and 57: 3 necessary, within 14 days of leav
Page 58 and 59: 5 the Judge in charge of this list,
Page 60 and 61: 7 22.1. by the exercise of reasonab
Page 62 and 63: 9 respondent has to file a copy of
Page 76: GORDON & JACKSON DISCLAIMER OF RESP

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