Public Law – Issue 25

Last month, I had the pleasure of hosting a panel conversation for law students, alongside my wonderful colleagues Catie Moore, James Bull, Kit Vati and Lauren Separovich. Together, we shared our best tips for leading a fulfilled life in the law.

It was a rare opportunity to reflect on our lives, how we found our way to where we are today and the privilege of working with our clients and colleagues at Hall & Wilcox.

The students' enthusiasm and curiosity were a joy to witness, especially as they considered how they can lead a wholly fulfilled life, both inside and outside of work.

As we spoke, a common theme emerged: while each of our paths took unexpected turns, on reflection they led us (sometimes kicking and screaming) to precisely where we are meant to be.

I wish I could tell my eight-year-old self that one day you’ll have the horses that you long for and you will love more than you can imagine.

I wish I could tell my 20-something self that one day a farming contractor will come to cut hay on your farm for your horses and you’ll meet the soulmate you’ve always longed for (it’s true!).

And throughout these soul goals, you’ll have a career that takes you all over the world to work, and challenges you every day with new and interesting intellectual legal problems – all that you get to do with good people.

I am smiling with wonder and gratitude as I write this. I hope you too have enjoyed the grace that accompanies life’s challenges. 

Our firm recently hosted an exclusive Q&A in Canberra for our government clients, featuring acclaimed journalist and author Tracey Spicer AM. As a leading voice in the national conversation on ethical AI and innovation, Tracey joined James Deady, one of Hall & Wilcox’s foremost technology experts, for a compelling discussion on how to harness AI responsibly in service of the public interest.

The session explored the evolution of AI, its current opportunities and challenges, particularly for government, and the urgent need for inclusive, transparent, and accountable design and standards.

Key themes included:

• embedding human oversight in AI workflows
• designing for diversity using Agentic AI
• inclusive testing from project inception
• legal and risk leadership in design teams
• transparency to support explainability
• continuous auditing to detect bias.

The event sparked thoughtful dialogue on balanced regulation and building public trust, being essential pillars for ethical innovation in government.

Reflecting on the session, James noted: ‘Tracey’s insights were both entertaining and deeply practical. Her ability to engage the room and offer real-world models for best practice made this a standout event.’

As trusted collaborators to all levels of government, Hall & Wilcox is proud to lead and contribute to conversations that shape the future of legal services and technology policy. As one of the firm’s leading technology experts, James Deady continues to support government clients in navigating AI adoption with the right guardrails and governance in place. For practical guidance on embracing AI responsibly, see James’s tips on page 7.

Natalie Demir
Business Development & Marketing
Manager – Public Sector

Kathryn Howard sat down with Dani Pearce, founder and CEO of Merry People. What began as a humble side hustle selling boots at weekend markets has grown into an international business, celebrated for its versatile waterproof footwear. Dani shares insights into her entrepreneurial path, corporate partnership values, and how she juggles parenthood.

Your journey from market stalls in Victoria to leading a global footwear company is remarkable. What inspired you to start Merry People?

It started out of my own need and want. I had no design or footwear experience, but I grew up on a farm wearing gum boots. When I moved to the city, my commute to the office often left my corporate shoes wet or and stockings ruined, so I was looking for waterproof footwear that I could wear to the office, change out of and store under my desk. I realised there was a gap in the market. I merged the farm boot I grew up with, with city wear functionality and that's how it started.

What kept you going through the early challenges?

Some early challenges included the financial stress of pouring my life savings into starting a business, weekends at farmers markets making not a single sale, and dealing with impostor syndrome as a self-starter entrepreneur. These moments were incredibly deflating, but I had an unwavering belief that my business idea had potential. Over time, customers told me that Merry People boots were their go-to footwear for gardening, dog-walking and more. This positive feedback is what kept me going.

What leadership lessons have shaped you the most?

After working in a corporate job, I realised that money wasn’t my main motivator. I wanted to build something that made me genuinely happy. I slowly learnt to embrace who I am as a leader, trying not to emulate other leadership styles. Being authentically myself means being curious, having an adventurous spirit, showing vulnerability and speaking up when I don’t understand something. I'm not the loudest person in the room, I’m not afraid of being proven wrong and I don’t have all the answers. I think this mindset has helped me grow as a founder/CEO.

What does success look like for you now compared to when Merry People launched?

Initially my goal was simply to sell as many boots as possible and be profitable. Since the growth of Merry People and becoming a mum, I’ve reassessed what success means. I now define success as personal and professional growth and feeling happy day-to-day for the most part.

You have spoken about visibility, inclusion, and women in leadership. How do you foster that in your team?

Supporting parents, especially during transitional periods, is important to me, particularly as I can relate to the challenges encountered when becoming a working-parent. We promote flexible work arrangements and a phased return-to-work program.

Seventy per cent of our leadership team at Merry People is female; gender aside, I value diversity in backgrounds, industries and experience.

What does connection to the community mean for Merry People?

Community is everything; we wouldn’t be here without it. We take pride in our communication and love that our boots bring value and joy. We recently hosted a customer-focused event in Sydney, connecting in real life; allowing customers to share feedback, ask me questions directly, and get a deeper look into the Merry People story. Without collaborative feedback, I am not sure how I would be able to do my job effectively.

You've partnered with Mother's Day Classic and Bridget It, a non-profit organisation addressing youth homelessness. What inspired you to choose these organisations?

Supporting other female founders and leaders who I believe are doing great work is important to me. Carla Raynes, founder of Bridge It, has spent 20 years working in the homelessness space in Melbourne and has developed a compassionate model for youth housing. Traditionally, emergency housing offers short-term accommodation, often six weeks.

Carla has created a two-year housing program. Young people are guided into employment, university, or training pathways. With Mother’s Day Classic, I connected deeply with their CEO, Zara. I wanted to help raise awareness and funds for breast and ovarian cancer, which affects many people, including members of my team. During this year’s event, we all wore pink boots and used our platform to help raise $86,500 for the cause.

How do you stay grounded as a leader?

My children, family, and husband keep me grounded. I grew up on a farm, and my mum was born and raised in India. I’m constantly aware of how fortunate I am and reminded to keep things in perspective.

You're a parent of two young children. How do you navigate the demands of parenting and entrepreneurship?

I love being both a mum and a founder, but I’ve never balanced it perfectly, and I’m okay with that. Life has ebbs and flows. My husband is the primary parent; he is incredibly supportive, helpful and a great communicator. It’s about being kind to yourself and recognising that it’s not always 50-50 between parents. Some weeks are more predictable than others and the balance shifts as your children grow.

Alison Baker, Partner

AI is no longer a distant frontier; it’s embedded in the now and shaping the future. For government agencies, a key challenge lies in adopting AI’s efficiencies while upholding public trust, legal integrity and accountability.

Here's how public sector in-house legal teams can assist with the responsible implementation of AI solutions.

Build bias protections into contracts

Bias in AI systems and solutions is an issue that has attracted significant recent attention. Many AI algorithms, systems and solutions can have bias built into their design or can develop bias from the data used within in the algorithm, systems or solution.

Bias isn’t just a technical issue. It’s a legal and reputational risk, particularly for public sector organisations.

To address bias risks regarding AI algorithms, systems or solutions, public sector organisations should consider:

• including bias reduction/elimination as a due diligence item and selection criteria for the selection of any AI algorithm, system or solution;
• seeking contractual commitments from the vendor regarding bias risks having been addressed in the design of the AI algorithm, system or solution and the data sets used within it; and
• having ongoing contractual testing and audit rights regarding bias.

Embedding ethics and compliance from the start: involve legal and risk teams early

• Ethics and legal compliance should be a design principle for any AI project, not simply something considered just before go-live.
• Too often, legal compliance and ethical considerations regarding an AI project are an afterthought.

Ideally, AI project teams will:

• involve legal and risk teams at project inception; and
• ensure ethical frameworks guide design, procurement, and deployment.
• In addition to compliance with the Policy for responsible use of AI in government and other applicable mandatory government policies and rules, the use of voluntary AI ethics frameworks, such as Australia’s AI Ethics Principles, should also be considered.

Stay ahead of the curve

• AI regulation is evolving rapidly. Many organisations are also developing their own rules and policies regarding AI. Public sector in-house legal teams can play an important role by:
• Monitoring reforms, such as recent reforms to the Privacy Act 1988 (Cth) regarding automated decision making and other AI relevant law reforms. We anticipate that regulatory reforms related to AI will continue to evolve and may have significant implications.
• Ensuring that internal AI rules and policies are understood throughout the organisation and are subject to ongoing review and development.

James Deady, Partner

'This book is a journey into an idea that changes the world – the idea that a river is alive.'

So begins Robert Macfarlane’s magnificent book, which explores the idea that nature – rivers, forests, mountains – is alive, and the implications this has on our perception of nature, our law and our politics.

After all, the author asks, if we grant rights to corporations ‘as if companies could breathe’, why should nature not enjoy legal protection?

Human exploitation of nature has consequences, whether it is dying rivers or denuded and poisoned landscapes. Rivers have become a focus of the Rights of Nature movement, which seeks to test long-held orthodoxies in the law. As humans treat nature as an infinite inexhaustible resource, to be used for our own purposes – damming rivers, razing forests, digging mines – nature’s biodiversity is destroyed. There are economics involved – mines, dams and real estate developments bring jobs and wealth – but are we participating in sustainable development or (un)sustainable destruction?

Macfarlane explores how our understanding of water has been simplified to think of a river as a limitless source, but, through our inattention or deliberate design, many rivers are dying, or, as he puts it, being killed. He travels to three landscapes: the Los Cedros (‘Forest of the Cedars’) cloud-forest in Ecuador, which will be destroyed if proposed mining goes ahead; the dying rivers around Chennai in India; and the wild Mutehekau Shipu (Magpie River) in eastern Canada, threatened by potential damming.

In hauntingly beautiful prose, Macfarlane captures the beauty of hiking through the cloud-forest and kayaking along the river. There is much to despair, as he charts the global destruction of rivers and forests, and its consequent impacts: massive dam projects that change the weather and climate of that region, or children jumping on radioactive fly-ash bricks in India. But there is also hope: although rivers are easily wounded, they can heal themselves with speed, if given the chance.

Melinda Woledge, Senior Marketing & Communications Manager

A recent internship at the O’Neill Institute for National and Global Health Law at Georgetown University in Washington provided valuable insights into how global legal frameworks and interdisciplinary collaboration can enhance government policy and regulatory effectiveness.

Working with the O'Neill Institute has revealed how interconnected health law is with areas such as insurance, employment, data governance, trade and regulatory compliance. Understanding these intersections is critical to developing comprehensive and effective legal strategies.

Key learnings from the program include the importance of interdisciplinary collaboration in addressing complex health challenges. Working with advisory groups and scholars across disciplines highlighted the need to integrate legal, scientific, and policy expertise to strengthen government responses. In health law, where policy and practice often span continents, collaboration across borders is essential to addressing complex legal challenges.

The Legal Preparedness and One Health initiatives demonstrated how governments can proactively design legal frameworks to respond to health emergencies, zoonotic threats, and environmental risks. Furthermore, exploration of AI-enabled water quality monitoring revealed how emerging technologies can be leveraged to improve service delivery and regulatory oversight.

Supporting countries in advancing Universal Health Coverage illustrated how legal tools can promote equity and access, key priorities for Australian public health policy. These experiences underscore the role of legal professionals in shaping inclusive health systems.

This experience demonstrated how interdisciplinary exposure can enhance the agility and insight of legal professionals serving government clients. It reinforced the importance of innovation, strategic partnerships, and global collaboration in shaping equitable health outcomes.

Ellin Kim, Associate

In this compelling conversation, Fay Calderone chats to Catherine Fox AM, award-winning journalist and author of Breaking the Boss Bias, and explores how we can build more inclusive workplaces. Catherine shares practical insights and ‘circuit breakers’ for disrupting everyday bias, reframing gender fatigue, and creating lasting structural change.

Why did you write this book?

I wrote Breaking the Boss Bias because, despite progress, we’re still seeing systemic barriers holding women back. Women make up over 50% of university graduates and nearly half the workforce, yet only around 9% of ASX 300 CEOs are women.

That disconnect is not about capability, it’s about structures.

This book provides evidence-based tools to help people recognise and dismantle those structures. It is both a call to action and a message of hope: change is possible, and it’s already happening in pockets.

What is gender fatigue and how can we reframe the conversation?

Gender fatigue is the frustration that arises when diversity efforts feel performative or ineffective. When people say, ‘We tried that and it didn’t work’, it’s often because the approach wasn’t strategic or resourced. Unconscious bias training alone won’t shift culture if it is not followed by accountability. We need to move beyond slogans and box-ticking. Instead, let’s focus on what works: transparency, targets, and leadership that models inclusion.

What are some practical tips or circuit breakers?

One of my favourites is simply asking, ‘What do you mean by that?’ in response to a biased comment. It’s non-confrontational but powerful.

Another is amplifying women’s voices in meetings: ‘I think Jane was making a great point, let’s go back to her.’

If you’re interrupted, try: ‘I’d like to finish my thought.’

Also, never raise issues alone: bring a colleague, take notes, and follow up with action points.

These small interventions can shift dynamics and signal that inclusion matters.

How do we make flexible work truly inclusive?

Flexibility is a game-changer, but only if it’s normalised. Right now, 55% of male caregivers feel penalised at work, and 31% believe they lost a job because of caregiving. We need leaders to model it, take leave, work remotely, and talk about it. When men use flexibility, it becomes safer for everyone. And let’s stop treating flexibility as a perk; it’s a productivity tool and a retention strategy.

What gives you hope for the future of women in leadership?

I am optimistic about the next generation of leaders. Young women are ambitious and values-driven. They’re asking better questions and expecting more from employers. I’m also encouraged by organisations like Hall & Wilcox, which have achieved gender-balanced leadership and reached their 40% female partner target. That’s not just good ethics, it’s good business. Diverse teams outperform, and inclusive cultures attract and retain top talent.

How does ageism intersect with gender, and what can we do about it?

Ageism, particularly for women, is another barrier. After I stopped dyeing my hair, I noticed I was treated differently, often overlooked and patronised. We need to value experience and challenge assumptions about what leadership looks like. That means promoting women at all life stages and recognising that leadership isn’t one-size-fits-all.

What role can men play in accelerating change?

Men have a crucial role. Be an accomplice, not just an ally. That means speaking up, amplifying women’s voices, and challenging bias when you see it. Yes, it might come with social penalties, but it also builds trust and credibility. Inclusion isn’t a women’s issue; it’s a leadership issue. And when men model inclusive behaviour, it sets the tone for the whole organisation.

What’s one thing every leader can do today to break the boss bias?

Start by asking: ‘Who’s not in the room, and why?’ Then act on the answer. Set targets, track progress, and hold people accountable. Inclusion isn’t about lowering the bar; it’s about removing the barriers, and when we do that, everyone benefits.

Fay Calderone, Partner

Since joining Hall & Wilcox over a year ago, Nicola Johnson has quickly become an important part of the firm’s government practice. She was recognised with the prestigious title of Government Partner of the Year at the Lawyers Weekly 2025 Partner of the Year Awards. Nicola shares her journey in government law, her leadership experiences, and her vision for the future in this field.

What do you attribute your team’s rapid success at Hall & Wilcox to?

We’ve been able to hit the ground running because of the belief and excellent support provided to us by the firm. Given our team’s history of working with the Commonwealth, we were able to quickly launch our practice, reinforced by the firm’s long- established and thriving government practice that has been doing work for all levels of government for many years, including reputationally significant matters.

What is the best thing about working in the government space?

The opportunities to be instructed by knowledgeable, sophisticated and dedicated legal officers. We are given a unique opportunity to work on significant, high-profile matters that are meaningful and rewarding.

What does winning the Government Partner of the Year award mean to you personally and professionally?

It’s a reflection of our team’s dedication and the quality of service we provide. Recognition like this reinforces our commitment to delivering value and building long-term partnerships with government clients.

What should government clients look for in a legal advisor?

Advisors who are subject matter experts, who understand the legal and policy landscape, and who can offer clear, practical solutions. The best support comes from lawyers who know where they fit, stay across developments, and focus on solving problems, not selling services.

What leadership qualities do you think are most underrated but essential in legal practice?

I think leadership can take different forms. For me, humility, respectfulness and authenticity are important. I try to be thoughtful and inclusive in my approach, but I don’t claim to have it all figured out.

What’s a piece of advice you’ve received that’s stuck with you?

Always push yourself out of your comfort zone. Things that seem daunting the first time will soon become second nature, if you just keep extending yourself. It’s the discomfort that translates to learning and growth.

Jade is a powerful legal research platform offering access to nearly one million documents, including case law from almost all Australian courts and legislation from every jurisdiction. While Jade offers both free and paid subscription options, this guide focuses on the free version.

Like any legal research task, success in Jade begins with a clear search strategy.

Jade offers some excellent pre-search filtering directly in the search box. Some examples and explanations are below:

Searching for a citation, eg 2006 fcafc 51

• Jade search – will return all documents mentioning this citation.

• Document in Jade – will return this case only.

Searching for a party name, eg save the ridge inc

• Jade search – returns all documents with this party name.

• Document in Jade – offers matching cases names for you to select. Clicking on one of these will return a single result.

Searching for legislation, eg corporations act 2001 at s 419.

• Document in Jade – view this section of legislation.

• Jade search – search Jade for all mentions of the legislation.

• Show citations – display a list of cases that have judicially considered this section.

Jade supports a range of Boolean and proximity operators. Be sure to capitalise Boolean terms for accurate results.

For complex queries, Jade offers an Advanced Search Template, accessible via the three dots next to the ‘Search now’ box on the homepage. The Advanced search template allows you to customise your query to search multiple aspects of a judgment. You can construct a search that combines a word or term in the full text of the judgment + a particular catchword + legislation considered + a specific jurisdiction.

By mastering Jade’s search tools, you can streamline legal research, reduce time spent on irrelevant results, and uncover more precise insights. Whether you're preparing for litigation, advising internal stakeholders, or staying current with legislative developments, Jade is a valuable asset in your legal toolkit.

In migration law, where precision and speed are critical, digital innovation is no longer optional, it’s essential. Hall & Wilcox's HW VisaHub is a perfect example of how Smarter Law can transform the visa application process, making it more efficient, reliable, and user-friendly for everyone involved.

The challenge

Managing visa applications had been a time-consuming and highly manual process. Collecting documents from applicants involved significant paperwork and back-and-forth communication – an inefficient process that prevented the team from focusing on the high-value aspects of migration law.

Our solution

HW VisaHub is a secure, all-in- one digital platform that enables applicants to provide their information and documents through a guided, step-by-step process. Available in multiple languages, the portal ensures a seamless experience, eliminating the need for numerous emails. Through HW VisaHub, applicants can track their progress, send messages, and upload documents securely all in one place. HW VisaHub centralises information and automates many aspects of the visa application process. This allows our lawyers to spend more time on complex legal work and less on administrative tasks.

Key benefits

• Improved lawyer productivity: Automation streamlines the information-gathering process, freeing up lawyers to focus on high-value legal issues.
• Client convenience: Clients benefit from a simple, accessible platform with real-time progress tracking and direct communication with our team.
• Process efficiency: The platform reduces the time and effort required to collect and manage documents, improving overall workflow.
• Secure storage: Sensitive information is stored in a secure portal, reducing the risk of data breaches associated with email.

HW VisaHub is more than just a tool, it's a revolution in migration law. By making the visa application process more efficient, reliable, and user- friendly, we're setting a new standard in legal services.

Lisa Ziegert, Director – Client Solutions

Kristopher Kunasingam, Partner

What does a meaningful legal career look like? Hall & Wilcox hosted Life Choices: planning for a fulfilled career in law, a vibrant and thought-provoking event for Melbourne-based law students.

Facilitated by Kathryn Howard, the panel featured Catie Moore, James Bull, Lauren Separovich, and Kit Vati, each sharing candid reflections on their journeys through the legal profession. From unexpected pivots to purpose-driven choices, the conversation was rich with practical advice and personal stories.

The message was clear: stay curious, embrace challenges, and keep an open mind about where a career in law might lead. Whether you're drawn to public law, private practice, or something in between, this session was a reminder that fulfilment comes in many forms and often from the paths we least expect.

Partner Julian Hammond shares this easy but luxurious recipe. For extra ease, Julian suggests Maesri red curry paste as a substitute, while leftover lime leaves can be frozen for future dishes and the lychees are a must!

Crispy skin duck

500g duck breasts, boneless, skin on

1/4 tsp Maldon Sea salt

1/4 tsp white pepper

Thai red curry

1/2 cup Thai red curry paste (1 can of Maesri)

2 large garlic cloves, grated

2 tsp fresh ginger, finely grated

1 cup chicken stock/broth

400ml coconut milk, full fat

6-8 makrut lime leaves

2 tsp white sugar

2 tsp fish sauce

120g green beans, trimmed and cut in half

1 lightly packed cup Thai basil leaves

8-12 canned lychees

Score the duck skin, season with salt and pepper. Drizzle a tablespoon of oil on the skin and rub it in, then apply the salt and pepper afterwards.

Place duck in a pan skin down for 10 minutes on a medium low (weigh down duck with a can of coconut milk) until golden. Finish the duck in the oven for 8 minutes (pre-heat to 85°C, less if you like medium), rest for 10 minutes.

Sauté curry paste in oil with garlic and ginger, add stock, reduce by half, add coconut, fish sauce, sugar, lime leaves, simmer for 2 minutes. Boil 1 cup jasmine rice using immersion method for 10 minutes.

Add beans to curry, simmer for 3 minutes, add lychees and simmer for another 2 minutes.

Slice duck, serve in plates with jasmine rice.

Sprinkle with coriander, a good squeeze of lime juice and enjoy.

Based on a Nagi Maehashi recipe and a recipe from David Thompson’s excellent Thai Food cookbook

Penelope Ford has prepared a practical guide for the selection, engagement, and briefing of experts.

Expert witnesses play a crucial role in litigation. They assist parties and courts to understand the issues and identify key points of difference in competing cases. Expert evidence can significantly influence the outcome of cases.

As disputes become more technically complex, document-heavy and expensive to manage, carefully selecting and engaging with experts is more important than ever. Maintaining ethical boundaries is also essential.

An expert witness’ first duty is to the court. Experts must remain independent and impartial, providing unbiased testimony to assist the court, rather than advocating for the party that has retained them. In recent years there has been much media attention on cases where experts’ independence has been challenged. We offer practical tips for choosing the right expert, engaging them effectively, and ensuring ethical interactions.

Choosing the right expert

Independent expert witnesses and ‘shadow experts’: The role and purpose of independent testifying experts is well known. They must form opinions based on all available evidence without being led. In high value commercial cases, parties commonly engage so-called ‘dirty’ or ‘shadow experts’ whose role is to assist with case development behind the scenes, as opposed to giving evidence. These shadow experts, who fill a consulting role, should also be engaged under privilege and provide their objective, independent views.

How to select the right expert for the job? This involves weighing up the pros and cons to determine the best fit. Experience or qualifications may not always be the best choice. Some experts may appear rehearsed or fatigued. Others may be too busy to contribute meaningfully. Expertise, reputation, availability and cost all need to be carefully considered. Sometimes, a younger or less experienced expert with better availability may be a better choice, provided they can demonstrate sufficient expertise.

The key questions to ask are:

• does the expert have suitable, proven expertise for the role they are being asked to acquit?
• do they have sufficient time and resources to prepare the report or give the opinion being sought?
• are they a good fit for the matter and the team. Check possible conflicts at an early stage!
• is the expert affordable in the context of the dispute?

How best to go about finding the right expert? Utilise desktop due diligence. Google and LinkedIn searches can help. Conduct litigation searches before an expert is engaged. Word of mouth and peer recommendations are also invaluable.

Early engagement and briefing

When briefing an expert, assume that all communication is potentially discoverable. Adhering to the Uniform Solicitors Conduct Rules, particularly Rule 24, is crucial. While coaching or leading experts is not permitted, care should be taken to avoid informal provision of documents or information that may impact the expert’s opinion inappropriately.

Use confidentiality agreements, even for preliminary discussions.

Key points to consider:

• Assert confidentiality and privilege throughout the engagement.
• Share information systematically and keep a detailed record of precisely what information is provided to the expert.
• Limit conference attendees with experts to essential participants.
• Ensure accuracy of information that is provided to avoid setting the expert up for failure in a joint expert setting and under cross-examination.
• Plan for return of key materials and put in place an ongoing confidentiality obligation.

Drafting reports and ongoing working arrangements to ensure ethical boundaries are maintained

Expert witness reports must be clear, transparent and readable. It’s acceptable to request clarification or formatting changes to improve readability. However, an expert should never be asked to change their report to better support your case. A good rule of thumb is to let the expert control the document, language, and changes, as it is their report.

It's advisable to review a report in draft before asking an expert to finalise it. This is to ensure readability, comprehensibility, and to detect errors, not to change the expert’s opinion. Be aware that in some jurisdictions, all drafts can be called for and may be disclosable.

Any assumptions and supporting literature relied upon by the expert must be clearly stated. Other basic ‘must haves’ in final report include the names and qualifications of any expert who has worked on the report, the letters of instruction provided to the expert, the expert’s CV and details of materials relied upon. Some jurisdictions have express statements which must be included in an expert report verifying its content. The Federal Court Expert Witness Practice Note is a useful reference.

There are simple ways to ensure reports are clear and concise without crossing ethical boundaries. As legal practitioners, we have a duty to ensure the report assists the court, contains admissible evidence, and is relevant.

Preparing for trial

Proper preparation and timing are crucial. Ensuring the expert has ample time to prepare and is thoroughly briefed with relevant materials is essential. Their testimony should be natural and not appear rehearsed or coached. Mock cross-examinations are unacceptable under Australian rules as they can undermine the expert's impartiality.

If the expert changes their mind or recognises an error in their report, their first duty is to the court. They must promptly disclose any changes or errors. Timely payment to experts is important to maintain professionalism and independence and respect for their time and expertise.

By following these guidelines, legal practitioners can ensure expert witnesses are well-prepared, maintain their independence, and provide valuable testimony. Adhering to best practices and ethical guidelines ensures expert witnesses provide unbiased insights that assist the court in reaching fair decisions.

Penny Ford, Partner