Expert Evidence: Law, Practice, Procedure and Advocacy 6e

Expert Evidence: Law, Practice, Procedure and Advocacy 6e

By Ian Freckelton QC

Book

$236.01 RRP

Date: 26/09/2019

Code: 9780455238425

Lawbook Co., AUSTRALIA

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Description

"Its value to practitioners hardly requires elaboration ... Many a barrister faced with the daunting task of cross-examining an expert ... has turned to Freckelton’s text in his or her hour of need and found invaluable assistance... (This) work is commendably ambitious. It is difficult to think of a field of forensic expert evidence which is not discussed." - The Hon Justice Christopher Beale, Supreme Court of Victoria, (2020) 44 Crim LJ 196

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.

Table of Contents

Full Table of Contents

PART 1  - INTRODUCTION

Chapter 1.0        Introduction

PART 2  - COMMON LAW EVIDENTIARY RULES

Chapter 2.0        Common law exclusionary rules

Chapter 2.05      The expertise rule

Chapter 2.10      The area of expertise rule

Chapter 2.15      The common knowledge rule

Chapter 2.20      The basis rule

Chapter 2.25      The ultimate issue rule

Chapter 2.30      Judicial notice

Chapter 2.35      Discretionary exclusion of expert evidence

PART 3  - STATUTORY EVIDENTIARY RULES

Chapter 3.0        Statutory law in Australia

Chapter 3.05      Statutory law in New Zealand

Chapter 3.10      Statutory law in the United States

Chapter 3.15      Law reform proposals

PART 4  - APPEALS

Chapter 4.0        Appeals in relation to expert evidence

PART 5  - PROCEDURE

Chapter 5.0        Forensic reports

Chapter 5.05      Court rules and ethical obligations

Chapter 5.10      Costs and client legal privilege

Chapter 5.15      Wasted costs orders (new)

Chapter 5.20      Remuneration of experts

PART 6  - EXPERT WITNESSES AND DECISION MAKING

Chapter 6.0        Court-appointed experts

Chapter 6.05      Assessors

Chapter 6.10      Referees

Chapter 6.12      Single joint experts

Chapter 6.15      Conclaves (new)

Chapter 6.20      Concurrent expert evidence

Chapter 6.25      Consecutive expert evidence (new)

PART 7  - EXPERT EVIDENCE IN COURT

Chapter 7.0        Preparation and examination of the expert witness

Chapter 7.05      Cross-examination of the expert witness

Chapter 7.10      Sentencing evidence by the expert witness 

PART 8  - LIABILITY OF EXPERTS

Chapter 8.0        Criminal and civil liability of expert witnesses and report writers

Chapter 8.05      Regulatory liability of expert witnesses and report writers

PART 9  - MEDICAL, DENTAL AND NURSING EVIDENCE

Chapter 9.0        Medical evidence

Chapter 9.05      Dental evidence

Chapter 9.10      Nursing evidence

PART 10 - MENTAL HEALTH EVIDENCE

Chapter 10.0      Psychiatrists' and psychologists' evidence

Chapter 10.05    Fitness for interview evidence

Chapter 10.10    Fitness to stand trial evidence

Chapter 10.15    Identification evidence

Chapter 10.20    Memory evidence

Chapter 10.25    Mental state evidence

Chapter 10.30    Syndrome evidence

Chapter 10.35    Profiling evidence

Chapter 10.40    Prediction of risk evidence

Chapter 10.45    Post-traumatic stress disorder evidence

Chapter 10.50    Critical incident stress intervention evidence

PART 11 - SOCIAL SCIENTISTS' EVIDENCE

Chapter 11.0       Survey evidence

Chapter 11.05    Historians’ evidence

Chapter 11.10    Anthropologists' evidence

Chapter 11.15    Cultural experts' evidence

Chapter 11.20    Linguists' evidence

PART 12 - SCIENTISTS' EVIDENCE

Chapter 12.0      Scientific evidence

Chapter 12.05    Novel scientific evidence

Chapter 12.10    Fingerprinting, footprint and footwear evidence

Chapter 12.15    Document analysis evidence

Chapter 12.20    DNA evidence

Chapter 12.25    Statistical and probability evidence 

PART 13 - POLICE EVIDENCE

Chapter 13.0      Police evidence

Chapter 13.05    Tracker and sniffer dog evidence

PART 14 - ACCIDENT RECONSTRUCTION EVIDENCE

Chapter 14.0      Accident reconstruction evidence

PART 15 - FOREIGN LAW EVIDENCE

Chapter 15.0      Foreign law evidence 

PART 16 - FINANCIAL EVIDENCE

Chapter 16.0      Valuation evidence

Chapter 16.05    Financial evidence

PART 17 - CONSTRUCTION EVIDENCE

Chapter 17.0      Engineers’ evidence (new)

Chapter 17.05    Architects’ evidence (new)

Chapter 17.10    Quantity surveyors’ evidence

Chapter 17.15    Planning evidence

PART 18 - INTELLECTUAL PROPERTY EVIDENCE

Chapter 18.0      Patent evidence

 

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