Search

Author

Seamus E. Byrne is an Australian Information Lawyer and Computer Forensics Expert with extensive e-discovery and electronic evidence experience.

Sponsored by Lion Forensic.

Subscribe (Free)

In Pursuit of Relevance is the leading e-discovery law blog for the Asia-Pacific.

Subscribe now and receive the latest blog entries via e-mail or RSS.

Quick Reference
Blog Filter
Blog Roll
Disclaimer

This website is made available by Seamus E. Byrne, an Australian legal practitioner, for educational purposes only. Content is not to be used as legal opinion or as a substitute to qualified matter-specific legal advisory within your jurisdiction. No responsibility is taken, or endorsement made, for the content of any externally hyperlinked webpage. All endeavours have been made to ensure content accuracy as at time of publication.

Administration
« Bell Group Litigation - Judgment Forthcoming | Main | Revised Discovery Procedures for Patent Litigation in the Federal Court of Australia »
Saturday
Sep132008

Computer Forensic Experts and Case-Relevant Expertise – Racing and Wagering Western Australia v Software AG

Posted on DateSeptember 13, 2008

Racing and Wagering Western Australia v Software AG (Australia) Pty Ltd [2008] FCA 1332.

The recent decision of McKerracher J clarifies the position in relation to software licensing for Australian businesses that have implemented a 'mirrored' technology infrastructure as part of their disaster recovery processes. In dealing with a mainframe computing infrastructure, it also highlights the importance of a computer forensic expert possessing case-relevant expertise.

In considering expert evidence and apparent case-relevant expertise, His Honour noted that:

[183] In my opinion, there is no doubt that each of the three experts was doing his best to provide frank assistance but it is equally clear that Mr A’s views were not only entirely plausible but have the support of a substantial background experience in this specific industry.
[184] SAG’s expert, Mr B, has had limited experience in a mainframe computer environment. In comparison Mr A has worked for over 30 years in the mainframe industry and has worked at many of the organisations in Australia that operate mainframe computers.
CommentPost a Comment | Reference1 Reference | Print ArticlePrint Article | |
AuthorSeamus Byrne | in , , , , |

References (1)

References allow you to track sources for this article, as well as articles that were written in response to this article.

Reader Comments

There are no comments for this journal entry. To create a new comment, use the form below.

PostPost a New Comment

Enter your information below to add a new comment.

My response is on my own website »
Author Email (optional):
Author URL (optional):
Post:
 
All HTML will be escaped. Hyperlinks will be created for URLs automatically.
Alert
Comment Moderation Enabled
Your comment will not appear until it has been cleared by a website editor.

Notify me of follow-up comments via email.