Why is specialised knowledge and training so important?


In recent years, with the increase in fraud, bribery and corruption, forensic accountants have become widely sought after people. As the importance of the role increases, the demand for the forensic accountants to be well-trained, unbiased and educated is at high priority. The concern for the training and specialised knowledge for forensic accountants in the expert witness role is further highlighted in APES215 and the Federal Court Rules. 

  An example of the downfall of an uneducated expert witness was seen in Land Enviro Corp & Ors v HTT Huntley Heritage [2012] NSWSC 177. Two reports from the expert in support of a $170 million damages claim were rejected as they were based upon opinions which had not been proved (UNSW, 2017) . Furthermore, in Makita v Sprowles [2001] NSWCA 305 the expert’s opinion was rejected as they demonstrated inadequate specialised knowledge and failed to provide the facts behind opinions and conclusions (UNSW, 2017). 

 Due to lack of specialised knowledge and training, both expert witnesses were fatal to each case as the reports were inadmissible. It was vital that the expert provided impartial evidence, had experience in court proceedings, and were armed with specialised knowledge in order to advance each client’s case . Fundamentally, expert witnesses must know the rules (Federal Court Rules, APES215) set in place by the courts in order for them to have any chance in advancing a case. 


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Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305 (14 September 2001) : http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/nsw/NSWCA/2001/305.html

Land Enviro Corp Pty Limited v HTT Huntley Heritage Pty Limited [2012] NSWSC 446:
The rules expert witness should fully understand:


REFERENCES

UNSW. (2017). Unisearch Expert Opinion Services - Cases relating to the use of the expert witness. Retrieved from UNSW: https://www.unisearch.com.au/resources/cases-relating







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