Latest by Alexandra Shearer

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PD57AC: How compliant is compliant? High Court refuses to strike out passages in fact witness statements

Published on 30 June 2022. By Alexandra Shearer, Associate (Australian Qualified) and Matthew Evans, Of Counsel

Lifestyle Equities CV & Anor v Royal County of Berkshire Polo Club Ltd & Ors(1), departs notably from the recent pattern of authority and guidance on the enforcement of the new witness statement Practice Direction 57AC (PD57AC).

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Access all areas? Privilege, the loss of confidentiality and a missed opportunity

Published on 21 October 2021. By Alexandra Shearer, Associate (Australian Qualified) and Jonathan Cary, Partner

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Privilege is not necessarily lost when an opposing party has had access to that privileged material. The purpose and context of the access will lie at the heart of the court's decision in the event that a claim to privilege is disputed: ConocoPhillips Co v Chrysaor E&P Ltd [2021](1).

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Does an expert owe a fiduciary duty to its client?

Published on 04 March 2021. By Simon Hart, Partner and Alexandra Shearer, Associate (Australian Qualified)

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For the first time, the Court of Appeal has considered the duties of an expert concurrently engaged on two potentially conflicting disputes. While this case involved an unusual set of circumstances, it provides an interesting review of the duties owed by expert witnesses to their clients and the Court, and highlights important considerations for those engaging expert witnesses and drafting engagement letters Secretariat Consulting Pte Ltd, Secretariat International UK Ltd, Secretariat Advisors LLC v A Company.(1)

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