Rhiannon Rigby v Shellharbour City Council

In the case of Rhiannon Rigby v Shellharbour City Council, the primary focus was on the admissibility of certain documents in the context of a legal dispute. The case was heard in the Supreme Court of New South Wales. The dispute revolved around whether specific documents, including an expert's report and a supplementary report, were subject to production due to their preparation for litigation purposes and potential involvement of client legal privilege. The secondary issue concerned the obligations of an expert witness under the Code of Conduct, specifically the duty to remain impartial and not act as an advocate for a party, as well as the appropriateness of providing advice on cross-examination and case conduct.

The court needed to determine the extent of the expert witness's obligations, particularly regarding the preparation of reports and the subsequent waiver of client legal privilege. Additionally, the court had to consider whether the expert's conduct in advising on cross-examination and case strategy breached the duty of impartiality. The central legal issue was whether the expert's actions and the documents' preparation for litigation purposes constituted a waiver of client legal privilege, making them liable for production in the litigation.

The court found that the documents were indeed prepared for the purpose of litigation, thereby implicating client legal privilege. However, it was determined that the expert witness's conduct did not amount to a waiver of privilege. The court held that while the expert had a duty to remain impartial, the provision of advice on cross-examination and case conduct did not breach this duty, provided it was not done in an advocacy capacity. The court concluded that the expert's actions were within the bounds of acceptable professional conduct, and the documents remained protected by privilege. Consequently, they were not required to be produced in the litigation. The court's decision was based on a careful examination of the expert's role and the specific circumstances of the case, ensuring that the principles of client legal privilege and the duties of expert witnesses were upheld.