Expert evidence : law, practice, procedure and advocacy / by Ian Freckleton.

Pyrmont, N.S.W. : Thomson Reuters, 2024.

7th edition

201620

Evidence, Expert.

Evidence, Expert -- Australia.

Evidence (Law)

Evidence (Law) -- Australia.

Part 1: Introduction

1.0. Introduction

Part 2: Common law evidentiary rules

2.0. The common law exclusionary rules of expert evidence

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

3.12. International disputes and litigation

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. Client legal privilege and confidentiality

5.15. Wasted costs orders

5.20. Remuneration of experts

Part 6: Expert witnesses and decision making

6.0. Court-appointed experts

6.05. Assessors

6.10. Referees

6.12. Single joint experts

6.15. Conclaves / joint conferences of experts

6.20. Concurrent expert evidence

6.25. Consecutive expert evidence

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

8.05. Regulatory liability of expert witnesses

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: general principles

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

Part 16: Financial evidence

16.0. Valuation evidence

16.05. Financial evidence

Part 17: Construction evidence

17.0. Engineers' evidence

17.05. Architects' evidence

17.10. Quantity surveyors' evidence

17.15. Planning evidence

Part 18: Intellectual property evidence

18.0. Patent evidence.

The Seventh Edition of Expert Evidence 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 Australia, New Zealand and other countries and is the leading international work on its subject. Expert Evidence analyses the common law and statutory criteria for expert evidence admissibility, providing advocacy guidance on how best to assist expert witnesses in courts and to hold them accountable in cross-examination. It discusses the optimal ways for managing concurrent evidence and expert conclaves prior to court hearings. 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 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 specialist knowledge where admissibility and reliability issues have been encountered, including in relation to novel medical and scientific evidence, and counter-intuitive opinions from mental health professionals. It examines expert evidence on accounting, engineering, statistical, anthropological, survey, planning evidence, and foreign law matters. The Seventh Edition has been further refined to increase accessibility to legal practitioners and experts from a range of disciplines, and to widen its scope. Its international focus is significantly enhanced with legal authorities from across the common law world being referred to and critiqued, reflecting increasing signs of the adoption of internationally consistent approaches to expert evidence. Key new developments in the Seventh Edition include: Substantially revised chapters on expert reports and on concurrent evidence; A new chapter on international disputes and litigation dealing with both civil matters and important aspects of expert evidence given in international criminal law proceedings; Analysis of numerous important criminal law decisions, including a sequence of judgments in the United Kingdom and Australia regarding novel areas of scientific evidence such as gait analysis and shoeprint evidence; New case law from the High Court of Australia, and State Supreme Courts, the Canadian Supreme Court and the New Zealand Supreme Court and Court of Appeal, impacting upon the admissibility of diverse areas of expert evidence; Substantially revised chapters on DNA testing, statistical and probability evidence, evidence by psychiatrists and psychologists, especially in relation to diagnosis, PTSD evidence, critical incident stress intervention evidence, and memory evidence; and Significantly updated chapters on nursing evidence and medical evidence, including relevant case law on shaken baby/abusive head trauma evidence. - Publisher's website.

Includes bibliographical references and index.

9780455502908

lxxxix, 1529 pages ; 24 cm