Finding the Right Expert for Complex Litigation in Australia
The Brattle Group advises clients on some of the most complex disputes in Australia, where identifying the right expert can have a decisive impact on outcomes. We support clients not only by sourcing highly qualified experts with niche, industry, or specialised skill sets, but also by helping define the expertise a matter truly requires at the outset.
As economists and practitioners with experience across litigation, regulation, and policy, we approach expert search as an analytical exercise, focused on ensuring a strong fit between the issues in dispute and the expert’s capabilities. Our expert networks – both internal and external – are deep, global, and personal. We do not rely solely on reputations or CVs; many of the experts we identify are former colleagues, coauthors, or long-standing collaborators. Our consultants remain closely engaged with leading universities, research institutions, and industry associations, giving us insight into who is shaping the frontier of academic and applied thinking – and, critically, who will withstand rigorous scrutiny in a litigation setting.
The Right Approach: Defining Expertise before Finding Experts
In the early stages of litigation, a critical step is not simply finding an expert, but determining what expertise will be most impactful. Lawyers quite reasonably describe the expertise requirement in terms of familiar categories such as forensic accounting, valuation, competition, or damages, but the real question can sometimes lie elsewhere. For example, a dispute framed as an accounting matter may actually turn on governance issues or disclosure processes.
Until the issue is unpacked and pressure-tested, it is not always clear which expertise, or combination of expertise, will ultimately be most effective. This is what differentiates Brattle’s approach to finding experts. As economists and practitioners working on complex disputes both locally and globally, we help identify and define the right expertise before the expert search actually begins – demonstrating the advantage of having a firm of experts find experts.
Finding Unique and Highly Specialised Expertise
Our breadth of experience across many types of matters means we’re often asked to find “unicorn” experts – those with a highly specialised, and sometimes highly unusual, combination of skills. Brattle approaches these challenges with a combination of creativity and realism. We leverage our global networks, think laterally about adjacent disciplines, and draw on decades of collective experience within the firm. We won’t pretend we succeed every time, but we are honest about the difficulty, transparent about progress, and relentless in the effort.
Supporting both Established and First-Time Experts
Brattle supports seasoned experts as well as those who are new to litigation, including first-time experts who are often outstanding academics or senior practitioners such as former CFOs. In these situations, our role goes well beyond the search. We work closely alongside the expert in a way that mirrors a research assistant relationship, providing support with data, research, and analysis under the expert’s direction.
The feedback we consistently receive from both clients and experts is that this support is reassuring, practical, and improves the quality of the work product. In our experience, this collaborative approach has been instrumental in delivering clear, robust, and high-impact expert evidence and testimony.
Expert Suitability
Brattle strives to be completely honest with clients about expert suitability. Our goal is not simply to “place” an expert; it’s to find the right expert. If we don’t believe someone is a good fit, we’ll say so. And if we genuinely don’t have the right person, we’ll be upfront about that too. We don’t believe in forcing a fit. That doesn’t mean we won’t try (we always do), but credibility matters. Our clients’ outcomes – and our reputation – depend on getting this right.
