Expert witnesses & privilege

In a short article entitled Expert witnesses, communications and legal professional privilege, Faith Laube from CBP Lawyers summarises  a recent New South Wales decision regarding expert witnesses, communications, draft reports and claims for privilege.

Ms Laube writes that in Sprayworx Pty Ltd v Homag Pty Ltd [2014] NSWSC 833, Harrison As J decided that privilege in a communication will not be waived or lost if the communication has not influenced the content of the expert’s final report, or may have influenced it but in relation only to form or peripheral matters.