Subjects 2010
Expert Evidence 730688
- Credited Courses: Graduate Diploma in Competition Law L06; Graduate Diploma in Dispute Resolution 498; Graduate Diploma in Health and Medical Law 343; Graduate Diploma in Legal Studies L08; Master of Commercial Law 504; Master of Health and Medical Law 507; Master of Laws (LLM) 502; Master of Public and International Law 511
Prerequisite
Prior study in evidence law or appropriate practical experience is recommended.
Objectives
A student who has successfully completed this subject should:
- Appreciate the current controversies concerning the reception of expert evidence in Australian courts
- Have a working knowledge of the major rules of evidence that regulate the evidence of experts (at common law and under the uniform evidence legislation)
- Be aware of important comparative developments in the law of expert evidence
- Be able to reflect upon the relationship between the courts, professional experts and the scientific community at an advanced level.
Syllabus
This subject is primarily a detailed examination of the law and policy of the regulation of expert evidence in Australia, as well as comparative and reform movements of likely significance to Australia in the future, notably developments in the United States.
Principal topics will include:
- The legal framework for regulating expert evidence
- Debate and controversies about expertise
- The admissibility of expert testimony
- Restrictions on the conduct of experts
- Use of expert evidence inside and outside courtrooms. The above topics will be illuminated through the study of specific instances of expert evidence, conduct and regulation that have prompted change, reform or controversy in Australia or other countries, especially the US.
