Australian Competition and Consumer Commission v Productivity Partners Pty Ltd (trading as Captain Cook College) (No 1) [2020] FCA 845

Australian Competition and Consumer Commission v Productivity Partners Pty Ltd (trading as Captain Cook College) (No 1) [2020] FCA 845

The expert report was wholly inadmissible as it did not address any fact in issue in the proceeding, did not demonstrate the application of specialised knowledge to the task, relied on inapplicable standards, and failed to disclose a reasoning process connecting expertise to opinion; therefore, it did not meet the requirements for admissibility under s 79 of the Evidence Act 1995 (Cth).

Jurisdiction
Australia
Judgment Date
15 June 2020
Procedural Posture
Interlocutory Ruling / Objection to Admissibility of Expert Evidence During Final Hearing
Outcome
Objection upheld; expert report ruled inadmissible.
Legal Topics
['expert Evidence' 'admissibility' 'unconscionable Conduct' 'consumer Protection' 'vocational Education and Training']
['evidence Law' 'consumer Protection Law' 'administrative Law'] ['expert Evidence' 'admissibility' 'unconscionable Conduct' 'consumer Protection' 'vocational Education and Training']

Case Brief

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Procedural Posture

Interlocutory Ruling / Objection to Admissibility of Expert Evidence During Final Hearing

Legal Issues

  1. 1 ['Whether the expert report of Jana Scomazzon is admissible under s 79 of the Evidence Act 1995 (Cth)' 'Whether the opinions expressed are relevant to any fact in issue' 'Whether the expert brought identified specialised knowledge to bear in formulating opinion' 'Whether process of reasoning disclosed']

Ratio Decidendi

The expert report was wholly inadmissible as it did not address any fact in issue in the proceeding, did not demonstrate the application of specialised knowledge to the task, relied on inapplicable standards, and failed to disclose a reasoning process connecting expertise to opinion; therefore, it did not meet the requirements for admissibility under s 79 of the Evidence Act 1995 (Cth).

Court Disposition

Objection upheld; expert report ruled inadmissible.

Orders

  • ['The expert report of Jana Scomazzon dated 17 December 2019 and filed on 24 December 2019 is ruled as inadmissible.']