Category: General Article

The growth of technology has created an expansion in the fields of knowledge which are the subject of ‘expert evidence’ in the Australian courts.

Experts are now regularly called upon to give opinions about advancing technologies including encryption, and digital innovations like Bitcoin.

While witnesses can only generally testify about their personal observations, expert witnesses are permitted to express opinions derived from their field of expertise.

Expert opinions

Section 79 of the Evidence Act 1995 (NSW) provides that:

(1) If a person has specialised knowledge based on the person’s training, study or experience, the opinion rule does not apply to evidence of an opinion of that person that is wholly or substantially based on that knowledge.

The case of Clark v Ryan [1960] HCA 42 allows for expert opinions in respect of fields that are “… such that inexperienced persons are unlikely to prove capable of forming a correct judgment upon it without such assistance.”

Bitcoin as an emerging field

Created by underground technology enthusiasts in 2008, Bitcoin is a digital currency which operates between individual users, without control or interference by central banks or the state. Bitcoin-to-Bitcoin transactions are made by digitally exchanging anonymous, heavily encrypted codes across peer-to-peer (P2P) networks.

In 2015, 65{9cdd3996075497a6cb8707ccc1cea22a264fdf1d767a773e38e77302ef11f9ba} of the US general public was “not at all familiar” with Bitcoin. Of those who were aware, 84{9cdd3996075497a6cb8707ccc1cea22a264fdf1d767a773e38e77302ef11f9ba} had never used the currency. Of 3,148 Australians surveyed in April 2015, only one in three had any idea of what Bitcoin was. In 2014, about 1000 Australian businesses accepted … Read More

Most states make it illegal to sue your employer for a workplace injury and worker’s compensation benefits are established to help in those situations. This is a system that allows workers to receive compensation for their workplace injuries, which can be used to compensate employees for missed time out of work and medical care. It’s a system that helps ensure the injured employee is cared for, following an accident, but what happens when a third party is the cause?

Sometimes, filing a claim for workmans comp Oregon isn’t the best choice. If a third party was involved in causing the accident, it may be worthwhile to seek damages from that person, or entity, instead. In these cases, a vendor, outside service personnel, or other individuals may be responsible for causing your injuries. If so, hiring a personal injury lawyer may enable you to obtain the compensation you need to pay the full cost of your recovery.

While it is illegal to sue an employer in most instances, there are exceptions to the rule. For instance, if your employer doesn’t have the worker’s compensation insurance mandated by the state, you may have to sue in order to receive compensation. Alternatively, gross negligence committed by your employer may have resulted in the accident and, in that case, a lawsuit against your employer may be necessary. A third exception to the rule involves a physical assault committed by a representative of your employer, but only when he wasn’t acting in self-defense.

When it … Read More

Very few people think about the possibility of being wrongly accused of a crime. Unfortunately, it happens far more often than a person may think. Here are some things that you can do if you find yourself in this situation.

If you witness a crime or even feel suspicious that a crime has occurred, immediately call 911. It has been shown time and again that the first individual to call 911 is very rarely the individual who is actually responsible for the crime. It is usually the victim or a witness. It is better to call 911 and ask questions later if you feel even a little bit suspicious.

It is common for individuals who are wrongly accused of a crime to answer all questions that are asked by authorities. They feel that they have nothing to hide, and so they have nothing to worry about when they speak. You should remain silent. You have the right to do so. Unfortunately, it is common for innocent individuals to say something that can be taken out of context or misconstrued. Never talk to police without a fairfax criminal lawyer present.

Another mistake that innocent individuals often make is allowing the police to search their home even though they do not have a warrant. Here again is the idea that they have nothing to hide. You have the right to refuse a search of your home unless the police have a warrant. When police go with a warrant, there are usually specifics … Read More