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Competition Law Reading Room

Expert Economic Evidence

Justice John Middleton
5th Annual University of South Australia Trade Practices Workshop
19-20 October 20079
Published in [2007] Federal Judicial Scholarship 21

 

Abstract/summary

From paragraph 1: "The use of expert economic testimony to explain and interpret economic concepts relevant to legal proceedings can be a good thing and, in the appropriate case, is to be encouraged.  Much of the economic evidence presented at trials in Australia is “explanatory”, as contrasted to evidence that is based on data collation and the use of econometric techniques.  Such economic testimony which is properly presented and adheres to the court guidelines and rules of evidence can assist a court in arriving at the correct result.  I want to set out for discussion and comment some of those guidelines and rules, which play an important part in thse adduction of all expert evidence, but are frequently not adhered to by those preparing such evidence."

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