Jenny purchased a new extension ladder from "Awesome Ladders" as she was planning to repaint her single level timber home in Hawthorn. On using the ladder for the first time the extension mechanism failed and she fell off the ladder fracturing both legs, her left arm and two ribs. She would like to sue Awesome Ladders for negligence and consults solicitor Robert Mackay to commence proceedings.

McKay engages with Professor Elizabeth Taylor from the University of Sydney (NSW) who is an expert in mechanical engineering faults in consumer goods that lead to negligent accidents and personal injury. Professor Taylor is Australia's leading expert in this area and charges $15,000 for an expert report including a one-off court appearance.

Mackay also, engages Mr Richard Burton from Monash University of NSW, who is a research assistant, to provide similar expert evidence as Professor Taylor. Burton charges $35,000 for his expert report and a daily rate of $2,000 per day to appear in Court.

Both expert reports are filed in Court prior to the commencement of the trial. Professor Taylor gives evidence and is cross-examined during the trial. Her evidence is conclusive and persuasive and assists the plaintiff's case.

Burton is called to give evidence-in-chief and before commencing his evidence, Mackay is asked by the judge: Burton is crossexamined and establishes that this area of mechanical engineering is not within the expertise of Burton.

Jenny wins the case and Mackay lists both expert reports and daily appearance rates in the bill of costs that the defence are ordered to pay. The defence complains about having to pay for Burton's report and appearance.

Questions:

How has Mackay breached their legal ethical duties and his professional responsibility?

What is the issue with Burton providing evidence?

Should Jenny pay for both reports?

What sections of the NSW Professional Conduct Rules has he breached?

What are some relevant cases that support this rationale?

What NSW laws has been breached?