ExpertsReports-TheHonJusticeJudyRyan-LegalAidNSW.ppt

EXPERT REPORTS: THE GOOD, THE BAD AND THE UNHELPFUL 2012 Legal Aid NSW – Child Representation Conference, Coogee Justice Judy Ryan Key points of expert evidence Ordinary people giving evidence can only give evidence about what they have sensed - seen, heard, touched, tasted and smelled. Experts are different; they can say what things mean. They can give their opinions, even to the extent that the opinion is, if accepted, determinative of the issue in the case. In the Family Court, there is usually one court appointed expert (eg psychiatrist, psychologist, social worker, in-house family consultant) to assess and report in addition (on occasion) to a person’s treating health professional. Expert reports need to be written to educate the uninformed reader and expose the expert’s reasoning and factual premise. Expert reports written for an equally expert reader almost invariably will not do that. Prerequisite for expert evidence Relevance Specialised knowledge – Idoport Proprietary Limited v National Australia Bank [2001] NSWSC 123 Specialised knowledge must be sufficient to be aware of trustworthy authorities and proper sources of information The specialised knowledge must be based upon the person’s “training, study or experience” The opinion must be “wholly or substantially” based on that specialised knowledge. Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705 Prerequisite for expert evidence (cont) Single expert scheme. Part 15.5 FLR 2004 Neutrality Expert must not become partisan or an advocate. Brown Pederson (1989) FLC 92-019 Doing so undermines the veracity of their evidence. W and W: abuse allegations and expert evidence (2001) FLC 93-085 s 102A renders inadmissible evidence from a medical, psychiatric or psychological examination of a child in relation to abuse a child undertakes without leave. Separate Representative (appellant) and E and W (1993) 16 FamLR 485. The foundation of a good report Carefully chosen expert Clear and neutral letter of