Expert evidence is admissible under s 79 of the Evidence Act 1995 if the report discloses the facts and reasoning process the expert asserts justify the opinions expressed; it need not disclose the 'true' historical factual basis upon which the opinions were first formed. The manner in which an expert originally came to hold opinions (including prior access to material later excluded) is relevant to weight, not admissibility. A trial judge exercising the s 135 discretion to exclude evidence must conduct a systematic analysis of the probative value of the evidence; failure to do so is a fundamental error warranting appellate intervention.
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