Nelvin Lam of KordaMentha has written a summary of expert evidence issues arising from changes to draft reports in Australian Competition and Consumer Commission v Snowdale Holdings Pty Ltd [2016] FCA 541.

Mr Lam noted in particular the trial judge’s comment at [412]:

Mr [G] did not approach his role as an expert witness from the position of a person who owed a paramount duty to the Court to express an independent opinion. Rather, I find that Mr [G] was prepared to participate in a cooperative venture with Snowdale and its solicitors whereby he was prepared to mould his views, or acquiesce in the moulding of his views, into a form which would, to the best extent possible, assist the case of the party that had retained him.”

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