Using Expert Evidence to Prove the Quantum of Damages

Expert evidence is no longer just an appendix to your case - it is your case. Together with both a seasoned litigator and a senior economist, dive into the strategic use of expert evidence to prove quantum of damages, exploring the fine line between persuasive opinion and inadmissible guesswork. Through analysis of recent decisions, you’ll gain insight into how courts are treating expert opinion — and where lawyers are getting it wrong.

Thursday, 18 September 2025
Description

Attend and earn 1 CPD unit in Professional Skills
This program is applicable to practitioners from all States & Territories

1.15pm to 2.15pm Using Expert Evidence to Prove the Quantum of Damages in Litigation

 

  • The role of an independent expert witness
  • Instructing the expert
  • Requirements for the expert’s report
  • The importance of the counterfactual (quantum of damages depends on what the price/volume of sales would have been absent the contravening conduct)
  • Estimating the volume of lost sales
  • Estimating the effect of conduct on prices 

Presented by Luke Buchanan, Co-Founder and Principal, Buchanan Rees Dispute Lawyers, Best Lawyers Australia, Litigation (2014-2026) and Class Action Litigation (2015-2025) and Greg Houston, Partner, HoustonKemp

Chair

Jane Muir, Barrister, Gerard Brennan Chambers, Brisbane/Ground Floor Wentworth Chambers, Sydney

Presenters

Jane Muir, Barrister, Gerard Brennan Chambers, Brisbane/Ground Floor Wentworth Chambers, Sydney
Jane is a commercial barrister based in Brisbane. She appears in State and Federal Courts in Queensland and New South Wales, and represents clients in mediations and arbitrations. At the Bar since 2008, Jane has a broad commercial practice. Her work includes banking, building & construction (in particular, large scale infrastructure disputes), commercial contracts, consumer protection, corporate law, employment, insolvency, insurance, real property and trade practices, matters. She also does a substantial amount of opinion work. Before coming to the Bar, Jane practised for eight years as a solicitor in Sydney, London and Dublin. During that time, she worked in litigation and front end corporate, and banking, roles.

Luke Buchanan, Co-Founder and Principal, Buchanan Rees Dispute Lawyers
Luke has over 25 years' experience representing blue chip corporations and government clients in large, complex litigation and regulatory investigations, often with a value in the tens or hundreds of millions. Luke's experience spans disputes relating to the Corporations Act (including the provisions applying to financial services licensees), mergers and acquisitions, directors' duties, shareholders' rights, trustee and fiduciary duties, misleading or deceptive conduct, white-collar crime, termination of contracts (including the assessment of damages) and investigations by ASIC, APRA and ACCC. Luke is recognised in "The Best Lawyers in Australia" for Litigation (2014-2024) and Class Action Litigation (2015-2023); the 2022 winner of the International Advisory Experts (now known as Global Referral Group) award for Commercial Litigation and Dispute Resolution Lawyer of the Year in Australia; named by Acquisition International Magazine as Sydney's Leading Complex Litigation & Regulatory Lawyer of the Year for 2023; and a Global Law Experts (GLE) "Recommended Attorney" and the holder of the exclusive GLE Commercial Litigation law position in Australia. Prior to establishing Buchanan Rees Dispute Lawyers, Luke spent over 20 years (including 13 years as a partner) in Litigation & Dispute Resolution at a top-tier, national law firm.

Greg Houston, Partner, HoustonKemp
Greg is a founding partner of HoustonKemp. He is an expert in the application of economics to assist high stakes decision-making in competition, finance, policy and regulatory matters. In the antitrust sphere, Greg is regularly sought to advise on the competitive effects of proposed merger transactions, and to provide expert testimony in antitrust enforcement proceedings. His evidence has been cited favourably in numerous proceedings before the courts, the Competition Tribunal and in the decisions of Australian and international arbitrators. For many years, Greg has been listed by Lexology as one of the world’s leading competition economists. Most recently, Greg was named amongst the ‘Global Elite’ for his contributions to competition economics. On regulatory matters, Greg has played a substantial role in shaping the development of economic regulatory regimes governing communications, energy, transport and water services infrastructure in Australia and the Asia Pacific region. His clients in this area include governments, regulators, infrastructure service providers and trade associations. Greg is also the foremost expert in the region on the application of economics to critical questions arising in securities markets, insider trading and market manipulation. He has filed expert reports in numerous proceedings concerning the adequacy and effect of disclosures in relation to listed and unlisted securities, in both Australia and New Zealand. Greg’s evidence was substantially accepted in three of the few wrongful disclosure matters for which final judgment was informed by economic evidence. In April 2014, Greg – together with Adrian Kemp – founded HoustonKemp, a firm dedicated to applying economic analysis to bring clarity and focus to complex problems arising in competition, finance, policy and regulation. Greg holds a first class honours degree in economics from the University of Canterbury, and is a member of the Competition and Consumer Committee of the Law Council of Australia.

WEB259V05

Using Expert Evidence to Prove the Quantum of Damages

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Single Session
Thursday, 18 September 2025
1.15pm to 2.15pm Australia/Sydney
CPD Points 1
$160.00
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