Matthews v SPI Electricity Pty Ltd; SPI Electricity Pty Ltd v United Services Corporation Limited
30 October 2012 Dr Donald Charrett The following case note refers to a ruling made by J Forrest J on aspects of the expert evidence process in a case arising out of the disastrous bushfires in Victoria in 2009. The claim was brought pursuant to Part 4A of the Supreme Court Act 1986 (Vic) by
- Published in Case Notes
Dispute Boards in Australia – the Story So Far
Dr Donald Charrett (2012) 15 Buildlaw 10 Dispute Boards (DBs) in Australia have provided a mechanism for reducing the adversarialism in construction projects, without losing the benefits of traditional hard money forms of contract. The DB concept was first introduced into Australia in the Sydney outfall tunnels project in 1987. Although a few projects used
- Published in Dispute Boards
Expert Reports as Evidence in Chief – a Curate’s Egg?
01/06/12 Dr Donald Charrett & Dr Andrew Potts (2012) V15 No 19 International InHouse Counsel Journal 1 This paper outlines the services that forensic engineers can provide, and emphasises the importance of their early and appropriate selection and engagement by the relevant legal team. A distinction is made between the roles of “clean” and “dirty”
- Published in Expert Evidence
What Corporate Counsel Need to Know About Engaging Forensic Engineers
01/06/12 Dr Donald Charrett & Dr Andrew Potts (2012) V15 No 19 International In-House Counsel Journal 1 This paper outlines the services that forensic engineers can provide, and emphasizes the importance of their early and appropriate selection and engagement by the relevant legal team. A distinction is made between the roles of “clean” and “dirty”
- Published in Insurance - Contractors All Risks
Preparation of lay witness statements
Dr Donald Charrett (2012) 15.6 InHouse Counsel 243 Given the nature of lay evidence required to record a person’s knowledge of events, and their familiarity with the relevant documents, in some cases it may be possible for a lay witness to prepare a first draft of their witness statement independently. This paper provides some guidelines
- Published in Miscellaneous Issues