Getting the most out of expert witnesses- lessons from the victorian bushfires
Dr Donald Charrett, Barrister, Arbitrator and Mediator Melbourne TEC Chambers WHEN TO BRIEF AN EXPERT The appropriate time to brief an expert in pending or actual litigation or arbitration will depend on a number of issues arising from the dispute. It also depends on what role the expert is required to fulfil—expert witness, or technical
- Published in Expert Evidence
Being held to ransom or “Wielding the whip or the Rod”
BEING HELD TO RANSOM OR “WIELDING THE WHIP OR THE ROD”1 HOW UNSCRUPULOUS DEALING, ILLEGITIMATE PRESSURE AND TOUGH NEGOTIATING TACTICS CAN BE OVERCOME BY THE LEGAL REMEDY OF ECONOMIC DURESS PHILIP LOOTS2 AND DR DONALD CHARRETT3 INTRODUCTION This paper looks at the legal doctrine of economic duress in the Anglo- Australian context of construction
- Published in Miscellaneous Issues
The rules for expert evidence in Australia
INTRODUCTION In a previous paper, the author reviewed various current issues involved in briefng experts, including the cases on expert evidence arising from the class action litigation on the Victorian bushfres. That paper discussed the rules relating to expert evidence in the Supreme Court of Victoria and the Federal Court. As with many other aspects
- Published in Expert Evidence
Challenges in achieving successful mega projects
by Dr Donald Charrett and Philip Loots Loots & Charrett Pty Ltd Megaproject are projects with a capital cost in excess of US$1bn. On one estimate, 65 per cent of megaprojects are failures. Project scoping and risk allocation are central to improving outcomes. Introduction Megaprojects are increasingly common around the world. For the
- Published in Construction Contracts
Construction Disputes – Australia
The construction industry covers a vast collection of issues and is always subject to the potential for dispute, just like any other industry. Here, as part of Lawyer Monthly’s Specialist Advocate feature, we turn our attention to the Australian construction sector by speaking to Dr Donald Charrett, a barrister practising in construction law, and an
- Published in ADR