The expert evidence component of the unit will examine the role of expert witnesses, their reports and their testimony in civil and criminal cases. This will include an examination of the law governing the admissibility of expert evidence and the procedural means by which such evidence is adduced. Part of the unit will be devoted to current controversies surrounding the role of experts in particular civil and criminal cases. The class actions component of the unit examines the substantive law, legal theories and procedural devices for the litigation and resolution of large scale, complex civil litigation. This encompasses representative actions, class actions and the use of other mechanisms for the aggregation and resolution of mass claims, including under bankruptcy law. There will be a particular focus on Part IVA of the Federal Court Act (Cth) and representative action procedures available in Australia under the rules of court and statutory provisions in various areas (including discrimination, human rights, insurance law, privacy, corporations law and shareholder rights). The unit will also cover comparative material on group litigation procedures and class actions under the laws of other countries, including England and Wales, Canada and the United States.
3000wd expert evidence essay (30%) and 7000wd class actions essay (70%)
Freckleton I, and Selby H, Expert Evidence: Law, Practice, Procedure and Advocacy, Thompson, Sydney; Grave D, Adams K and Betts J, Class Actions in Australia (2nd ed) Thompson Reuters, 2012
Students without a law degree or equivalent may enrol in this unit but should be aware that the unit focuses on legal and evidentiary issues. This unit replaced LAWS6230 Expert Evidence and LAWS6869 Class Actions and Complex Litigation.
LAWS6230 or LAWS6869