find the latest legal job
Senior Associate - Litigation & Dispute Resolution
Category: Litigation and Dispute Resolution | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Come work for a firm ranked in Lawyers Weekly Top 25 Attraction Firms
View details
Associate - Workplace Relations & Safety
Category: Industrial Relations and Employment Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Employer of choice · Strong team culture
View details
Freelance Lawyers
Category: Banking and Finance Law | Location: All Perth WA
· Freelance opportunities through Vario from Pinsent Masons
View details
Freelance Lawyers
Category: Other | Location: All Adelaide SA
· • Qualified lawyer with a strong academic background
View details
Freelance Lawyers
Category: Other | Location: All Melbourne VIC
· • Qualified lawyer with a strong academic background
View details
Scientists help litigators master metadata evidence

Scientists help litigators master metadata evidence

David-caruso

With the mandatory metadata retention laws passed, courtrooms may soon be flooded with new data-based evidence that lawyers and judges must learn to process.

Maintaining a strong cross-disciplinary dialogue between forensic scientists and lawyers is essential to adapting to the change, according to David Caruso (pictured), a lecturer at Adelaide Law School.

“Metadata as a concept is something unfamiliar to lawyers,” Mr Caruso said.

“It is important for us to rely on our colleagues and our links with those who have a better awareness of what metadata entails, who are closer to that field, so we as the legal community can be cognisant and brought up to speed as soon as possible.”

Mr Caruso organised the International Conference on Evidence Law and Forensic Science, running in Adelaide this week.

The conference, which is being held outside China for the first time, will be attended by 300 delegates from 15 countries.

During a pre-conference workshop on 20 July delegates witnessed a mock trial, which demonstrated the examination and cross-examination of an expert witness using a metadata scenario.

The role-play showed a conflict of evidence between experts about the time that documents relevant to a particular legal dispute were created.

The purpose of this mock trial, as well as the series of discussions on metadata throughout the conference, is to help lawyers and scientists “understand each other’s language”, according to Mr Caruso.

“Lawyers need to understand precisely what metadata is and the sciences behind gathering and using that in courts,” he said.

The conference aims to expand lawyers’ knowledge of the strengths and limitations of traditional forms of evidence, such as fingerprint and handwriting analysis, but also less-familiar techniques such as metadata analysis and data recovery from the cloud.

“Law is increasingly relying on forensic science for proof,” Mr Caruso said.

“Forensic sciences … provide the brains, the analysis and the know-how for proving those matters that we depend on to come to a legal outcome. [Lawyers] need to understand how the science works.”

The conference, hosted by the University of Adelaide in partnership with the China University of Political Science and Law, will feature talks by the Chief Justice of Australia, Robert French; Chief Justice of South Australia, Chris Kourakis; and Chief Justice of Tanzania, Mohamed Othman.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Scientists help litigators master metadata evidence
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
microphone
Oct 20 2017
Podcast: One of law’s most infamous alumni – in conversation with Julian Morrow
In this episode of The Lawyers Weekly Show, Melissa Coade is joined by The Chaser’s Julian Morrow....
protest
Oct 20 2017
High Court overturns ‘excessive’ anti-protest legislation
Bob Brown’s recent victory in the High Court over the Tasmanian government was a win for fundament...
Blocked
Oct 20 2017
Changes to Australian citizenship laws blocked
Attempts to beef up the requirements to obtain Australian citizenship were thwarted this week, after...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...