Sampi v State of Western Australia [2001] FCA 110

Sampi v State of Western Australia [2001] FCA 110

The Federal Court guidelines mandate not only the disclosure of material directly relied upon, but also material considered by the expert, even if not explicitly referenced, so as to make transparent the basis of the expert's opinion. Since the experts may have considered field information not specifically mentioned in the reports, solicitors for the applicants are directed to clarify this by written statement. The application for subpoenas is stood over, with liberty to restore.

Jurisdiction
Australia
Judgment Date
22 February 2001
Procedural Posture
Application (interlocutory) / Renewed Motion for Subpoena Production by Respondents
Outcome
Orders made as per reasons; application for subpoenas stood over generally
Legal Topics
['expert Evidence' 'disclosure' 'federal Court Guidelines' 'subpoena Process']
['practice and Procedure'] ['expert Evidence' 'disclosure' 'federal Court Guidelines' 'subpoena Process']

Case Brief

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Procedural Posture

Application (interlocutory) / Renewed Motion for Subpoena Production by Respondents

Legal Issues

  1. 1 ['Whether expert reports complied with Federal Court guidelines for expert witnesses, particularly in disclosing the facts, matters and assumptions underlying the reports' 'Whether production of experts’ field notes should be compelled by subpoena']

Ratio Decidendi

The Federal Court guidelines mandate not only the disclosure of material directly relied upon, but also material considered by the expert, even if not explicitly referenced, so as to make transparent the basis of the expert's opinion. Since the experts may have considered field information not specifically mentioned in the reports, solicitors for the applicants are directed to clarify this by written statement. The application for subpoenas is stood over, with liberty to restore.

Court Disposition

Orders made as per reasons; application for subpoenas stood over generally

Orders

  • ['Solicitors for the applicants to request in writing from Ms Glaskin and Mr Bagshaw whether they considered any field information not specifically referred to in their reports, and, if so, to identify it.' 'Solicitors for the applicants to file and serve correspondence reflecting the above request.' 'Liberty...