Expert immunity unchanged?

Attwells v Jackson Lalic Lawyers Pty Limited [2016] HCA 16 might be seen to have left unchanged the immunity of expert witnesses to civil claims in Australia, in that the three judgments did not explicitly deal with expert witness immunity. However the Court’s focus on judicial determination in the context of advocate’s immunity may well carry over to expert witness immunity.

Although clarifying the scope of advocates immunity, the court declined to consider abolishing the immunity: [37]. The values of certainty and finality in the administration of justice as it affects the public life of the community were emphasised: [36]. The advocate’s immunity was held to be limited to work by the advocate that bears upon the judge’s determination of the case: [46].

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