Here’s a judgment of Justice Emmett of the Federal Court sitting in Sydney: Pan Pharmaceuticals Limited (In Liquidation) v Selim [2008] FCA 416. The court-provided keywords are:
EVIDENCE – expert evidence – opinion rule – admissibility of experts’ reports under section 79 of the Evidence Act 1995 (Cth) – whether evidence is based on specialised knowledge based on training, study or experience – whether the facts and assumptions upon which the opinions are based are adequate – whether evidence is more than a bare ipse dixit
EVIDENCE – general discretion to exclude evidence – section 135 of the Evidence Act 1995 (Cth) – leave to file evidence out of time – whether probative value is substantially outweighed by prejudicial effect – whether admissible opinion evidence is of significant probative value if the facts and assumptions upon which the opinion are based are inadequately detailed in an expert’s report – effect of expert’s involvement in preparation of one party’s case including involvement in drafting of that party’s statement of claim – whether expert is sufficiently independent
Evidence Act 1995 (Cth) ss 79, 80, 135
Therapeutic Goods Act 1989 (Cth)
Arnotts Limited v Trade Practices Commission (1990) 24 FCR 313
HG v The Queen [1999] HCA 2; (1999) 197 CLR 414
Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305; (2001) 52 NSWLR 705
Ocean Marine Mutual Insurance Association (Europe) OV v Jetopay Pty Ltd [2000] FCA 1463; (2000) 120 FCR 146
R v Tang [2006] NSWCCA 167; (2006) 65 NSWLR 681
