Expert Evidence in Commercial Litigation

The adducing of evidence from an expert witness involves a number of pitfalls that do not arise in relation to lay evidence. Accordingly, consideration of how to obtain the most useful evidence from an expert witness requires close examination of the relevant provisions of the Evidence Act 1995 (NSW) ("the Act"), the Uniform Civil Procedure Rules ("UCPR") and the relevant case law which determine the admissibility of such evidence and the form which such evidence may take.

Presented by:
Kendall Odgers from 9th Floor Wentworth Chambers on Tuesday 23 February 2010.

Whilst working as a solicitor at Gilbert & Tobin (1993 -1995) acted for Optus Communications on its claim against Telstra for breaches of the Trade Practices Act and worked as in-house corporate counsel for TCN Channel Nine.

Since coming to the Bar in 1996, has acted for applicants in the Federal Court on a number of further large Trade Practices claims alleging breaches of ss 45, 46 and 52 of the TPA, including BT Australasia Pty Ltd V State of NSW & Telstra Corporation, Walter Group International & Anor V Price Waterhouse & Ors and Reading Entertainment Australia v Birch Carroll & Coyle & Ors.

More recently, has advised in respect of matters relating to ss 27 and 30 of the NZ Commerce Act (TPA equivalent ss 45 and 45A) and s 50 of the TPA, and has acted on a number of Supreme Court and District Court claims for the setting aside of contracts pursuant to ss 52 and 87 of the TPA.

Areas of Expertise

Commercial
Trade Practices and Competition
Equity
Insolvency
Defamation
Common Law
Professional Malpractice
Intellectual Property
Insurance and reinsurance.

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