Expert Evidence.
When complex cyber security and professional liability questions reach the courts, the quality of expert evidence can determine the outcome. Simone Herbert-Lowe is one of Australia's most credentialled experts in this field.
OVERVIEW
Expert evidence in cyber security and professional liability matters requires a rare combination: deep technical understanding, established authority in the relevant professional standards, and the ability to translate complex concepts into clear, credible opinion that courts and tribunals can act on.
Simone Herbert-Lowe has provided written expert opinion in Supreme Court proceedings involving allegations of negligence, professional liability and breach of duty in the context of cyber events and payment fraud — including proceedings where the amounts in dispute were in the tens of millions of dollars.
Her expert evidence engagements are accepted by parties on both sides of proceedings: she has provided opinion on behalf of plaintiffs pursuing claims against advisers and service providers, and on behalf of defendants responding to allegations of professional failure.
What we handle.
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Expert opinion on the cyber security standards that apply to organisations and professional advisers — including what constitutes reasonable practice, what obligations applied at the time of an incident, and whether those obligations were met.
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Expert opinion on the duties owed by legal practitioners, real estate agents, financial advisers and other professionals in the context of cyber events, payment fraud and data breaches — including whether conduct fell below the standard expected of a competent professional.
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Expert opinion in matters involving payment redirection fraud and business email compromise — including the duties of financial institutions, businesses and professional advisers, and how losses should be allocated between parties.
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Expert opinion on the obligations that applied to an organisation at the time of a data breach — including under the Privacy Act, the NDB scheme, sector-specific regulation and applicable industry standards.
Engagement.
Simone's Expert Witness CV is available on request. We accept instructions from solicitors acting for plaintiffs and defendants, and from courts and tribunals requiring independent expert opinion.