Expert Update

The ultimate issue

Noone, Director of Consumer Affairs Victoria v Operation Smile (Australia) & Ors (No 2) [2011] VSC 153

In this edition of Expert Update, Melbourne-based Manager, Lieu Le, looks at a case which examines the provision of expert opinion on the “ultimate issue”, that is, the very question the Court has been asked to determine. In this case, the Court had a critical view of the expert evidence presented and the manner in which the expert was instructed to provide evidence regarding the issue.

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Date	Title
15/12/2011	The ultimate issue
21/11/2011	Expert reports and incomplete pleadings
14/10/2011	Balancing on a cliff top
15/09/2011	Is rough enough good enough?
25/08/2011	Fact or opinion
05/07/2011	With the benefit of hindsight
17/06/2011	Makita grinding another angle
04/05/2011	Can a plaintiff be an expert and be independent
12/04/2011	Expert assumptions need to be apparent
23/03/2011	A change of mind
08/02/2011	When is an opinion not an opinion
21/12/2010	Treading a fine line...
24/11/2010	Watch out for exclusions!
02/11/2010	If you stand straight, do not fear a crooked shadow
30/09/2010	Beware of brevity
31/08/2010	The forgotten expert
26/07/2010	Choosing an expert - experience counts
01/07/2010	Keeping an eye on the expert
03/05/2010	Running out of time
03/04/2010	Laying the groundwork...
03/03/2010	Playing cards or simply fishing?
02/12/2009	Who gets the last word?
18/11/2009	When the rules of evidence don't apply
04/11/2009	Game over, but who pays for the referee?
21/10/2009	On the road to failure...
08/10/2009	Competent professional advice - the ultimate issue
22/07/2009	Prior inconsistent statements in the world of expert evidence
10/07/2009	Fairness not required when dealing with experts
03/07/2009	Summary dismissal
23/06/2009	Experts: a privileged class, some of the time
17/06/2009	Exceptional evidence (part II)
10/06/2009	Exceptional evidence (part I)
03/06/2009	Not all experts agree that 'no news is good news'!
28/05/2009	Falling at the first hurdle - failure to gain admission
19/05/2009	Taken for a ride
12/05/2009	Tainting your Expert
05/05/2009	When is an expert’s opinion not his own?
29/04/2009	Lemon business leaves sour taste
23/04/2009	Monster vs Monster
08/04/2009	Zen and the art of expert evidence
31/03/2009	Experts’ Privileges Reviewed (Part III)
27/03/2009	Experts’ Privileges Reviewed (Part II)
23/03/2009	Experts’ Privileges Reviewed (Part I)
05/03/2009	The truck stops here
13/01/2009	Who are you: expert, valuer or employee?
08/12/2008	A little knowledge is a dangerous thing
26/11/2008	Committed to the cause
13/11/2008	Time out!
17/10/2008	Whose expert is this anyway?
18/09/2008	How close is too close?
03/09/2008	Liquidator’s experts panned by Court
25/08/2008	Too much, too late
13/08/2008	Admissibility of expert testimony
25/07/2008	On morality, decency and propriety
08/07/2008	Experts jointly agree to disagree
26/06/2008	Referee’s red card overturned on appeal
18/06/2008	Judge shows referee the red card
23/05/2008	How reliable is your client’s information?
26/02/2008	Mr Expert, back in your box
05/02/2008	Judge critical of experts’ independence
22/01/2008	Evaluating the valuers
28/11/2007	The not-so-happy campers
12/11/2007	Is that the sound of disappearing IP?
25/09/2007	Defamation damages: expert’s view rejected
11/09/2007	Return to sender
07/08/2007	Could Copernicus have been an expert witness?
24/07/2007	What’s a good expert worth?
03/07/2007	Experts: a privileged class?
12/06/2007	Can an expert have a private life?
29/05/2007	The weight of it all
15/05/2007	Single expert – solution or problem?
01/05/2007	Hypothetical or real value?
02/04/2007	Facts and inference in expert evidence