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Australia Leading Case opinion and expert evidence

Dasreef Pty Ltd v Hawchar

(2011) 243 CLR 588
JurisdictionAustralia
CourtHigh Court of Australia
Year2011
StatusBinding authority

Summary

Expert opinion evidence is admissible only if based on specialised knowledge, and the expert must identify the facts and reasoning underlying the opinion.

Key Principle

The HCA held that expert evidence is admissible under the Evidence Act 1995 (Cth) only if the opinion is based on the expert's specialised knowledge; the expert must identify the facts and reasoning underlying the opinion.

Area of Law

evidence

Related Cases

Warden v Bailey (2020) 103 NSWLR 207
IMM v The Queen (2016) 257 CLR 300

Under UEA s 97, tendency evidence in sexual offence cases requires significant probative value but no striking similarity between the tendency and charged acts.

Chief Executive Officer of Customs v El Hajje (2005) 224 CLR 159

Under the Briginshaw standard, the civil balance of probabilities requires evidence of a quality commensurate with the gravity of the allegation.

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