Expert evidence

simon cook
Sep 8, 2018 · 3 min read

\ ˈek-ˌspərt — expert

Having, involving, or displaying special skill or knowledge derived from training or experience. From Latin expertus, past participle of experiri ‘try’

\ ˈˈe-və-dən(t)s — evidence

Information drawn from personal testimony used to establish facts in a legal investigation or admissable as tesimony in a law court. From Latin evidentia, ‘obvious to the eye’.

The overriding duty of the expert witness is to provide expert evidence to the Court.

The expert is not to act as an advocate to a party in the proceedings. The expert must not mislead the Court.

Unbiased opinions must be presented, even if they cause harm to the client’s case.

The purpose of the use of expert evidence is to provide the Court an objective and impartial assessment of key issues based on specialised knowledge. The specialised knowlede is generally based on training, study or experience

Expert evidence consists of fact and opinion. Extracted data from an accounting system is fact. The valuation of a business is an opinion. Facts, however, are not established until the trial.

The expert may be appointed by a party and instructed to prepare an expert evidence report for the Court.

If the party on the other side appoints an expert then a meeting of experts may be arranged. In the meeting of experts, the experts will discuss points of agreement and disagreement. A joint experts’ statement will then be produced highlighting these issues.

Alternatively. a single joint expert may be selected by both parties and whose appointment is approved by the Court.

The expert has two key roles:

  1. Explain the arguments and opinions clearly, so that they can be understood by the Court
  2. Present opinions that are logical and supported by acceptable facts and figures.

Essentially expert evidence must

  • identify the observed facts
  • identify assumed facts
  • establish there is a proper foundation for the facts upon which the opinions are based
  • clearly set out a reasoned approach
  • not omit material facts that could detract from the considered opinion

The expert evidence rules require the following information to be included in an expert’s report:

  • experts qualifications and experience
  • literature used in the report
  • facts, matters and assumptions on which the opinions are based
  • statement of the questions the expert was asked
  • reasons for the opinion expressed
  • if applicable, that a question falls outside the expert’s area of expertise
  • examinations, tests and investigations carried out
  • if an expert changes their views, those details must be included

Expert evidence rules to be followed include:

Simon is a CA Accredited Business Valuation expert, Chartered Accountant and a Certified Fraud Examiner. Simon specialises in providing forensic accounting and valuation services. Prior to founding Lotus Amity, he was a Forensic Accounting partner with BDO Australia and led their National Forensics practice. He has worked as a forensic director for a major offshore forensic accounting practice which included assisting in multi-billion-dollar litigation in relation to the giant Bernie Madoff Ponzi scheme. Simon provides valuation services in disputes, for raising finance, for restructuring, transactions and for tax purposes.

Lotus Amity — Financial Clarity

Copyright © 2017 Lotus Amity Pty Ltd. All rights reserved. This article is the property of the author. This article is intended for general information purposes only and is not intended to provide, and should not be used in lieu of, professional advice. The publisher assumes no liability for readers’ use of the information herein and readers are encouraged to seek professional assistance about specific matters

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