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Book Cover
Book
Author Freckelton, Ian R.

Title Expert evidence : law, practice, procedure and advocacy / by Ian Freckelton and Hugh Selby
Edition Third edition
Published Pyrmont, N.S.W. : Lawbook Co., 2005

Copies

Location Call no. Vol. Availability
 MELB  KN 391.5 Fre/Eev 2005  AVAILABLE
Description lxxvi, 1035 pages ; 24 cm
Contents 1. Introduction -- 2. Rules of expert evidence -- 3. The expertise rule -- 4. The area of expertise rule -- 5. The common knowledge rule -- 6. The basis rule -- 7. The ultimate issue rule -- 8. Discretionary exclusion of expert evidence -- 9. Judicial notice -- 10. Appeals against expert evidence admissibility -- 11. Syndrome evidence -- 12. Profiling evidence -- 13. Trauma evidence: legal issues -- 14. Scientific evidence: legal issues -- 15. DNA profiling evidence: legal issues -- 16. Fingerprinting evidence -- 17. Documentary analysis evidence: legal issues -- 18. Tracker dog evidence -- 19. Valuation evidence: legal issues -- 20. Financial evidence: legal issues -- 21. Anthropology evidence: legal issues -- 22. Civil and criminal liability of expert witnesses -- 23. Experts' reports: costs, discovery and client legal privilege -- 24. Remuneration of experts -- 25. Court-appointed experts and assessors -- 26. Referees -- 27. Court rules -- 28. Codes of ethics -- 29. Examination-in-chief of the expert witness -- 30. Cross-examination of the expert witness -- 32. The expert in the sentencing process
Summary This volume provides a comprehensive analysis of legal issues, case law and statutory provisions that relate to reports written by, an evidence given by, experts. The volume contains a discussion of the roles that forensic experts can undertake, followed by a detailed exposition of the law which governs the reception of expert evidence in the courts. The common law and statutory exclusionary rules of opinion evidence are fully considered, in an international context, as are the judicial discretion to exclude expert evidence, procedural requirements for its admission, grounds of appeal as a result of admissibility decisions and courtroom presentation techniques in relation to expert evidence in the form of opinion and fact. The legal implications of evidence concerning financial issues, valuation matters, psychological syndromes, victim and offender profiling, PTSD and DNA profiling, document analysis and fingerprinting are considered. Issues such as the expert's obligation to maintain client confidentiality, the role of privilege, the obligations of experts to comply with subpoenas ad fee arrangements are also examined. The third edition also incorporates new chapters on the legal issues relating to accounting evidence, valuation evidence, as well as profiling evidence and anthropology evidence. In addition, relevant rules of court and codes of conduct are included
Analysis Expert witnesses
Evidence
Cases (Law)
Notes Includes index
Previous ed.: 2002
Bibliography Bibliography: pages [977] - 1022
Subject Evidence, Expert -- Legislation & Jurisprudence
Evidence, Expert -- Methods.
Evidence, Expert -- Ethics.
Evidence, Expert.
Evidence, Expert -- Australia.
Evidence (Law)
Evidence (Law) -- Australia.
Genre/Form Handbooks and manuals.
Author Selby, Hugh.
ISBN 0455222096 :
Other Titles The law of expert evidence