CPA - Expert witnesses and expert evidence

Question 1

65F Objects of this Part (EXPERT WITNESSES)

Answer 1

The main object of this Part is to further the overarching purpose by:

• enhancing courts’ case management powers in relation to expert evidence;
• restricting expert evidence to evidence reasonably required to resolve proceedings;
• emphasising that an expert witness’s primary duty is to the court, not a party.

Question 2

65G Party to seek direction of court to adduce expert evidence

Answer 2

Unless rules of court otherwise provide or court otherwise orders, a party must seek
direction from the court as soon as practicable if the party:

• intends to adduce expert evidence at trial; or
• becomes aware that the party may adduce expert evidence at trial.

Question 3

65H Court may give directions in relation to expert evidence

Answer 3

Where a direction is sought to adduce expert evidence, a court may give any directions it considers appropriate.

Such directions may be made at any time in a proceeding.

Such directions may relate to:

• the preparation of an expert’s report
• the time for service of an expert’s report
• limiting expert evidence to specified issues
• prohibiting parties from adducing expert evidence in relation to specified issues
• limiting the number of expert witnesses who may be called in relation to a specified issue
• providing for court appointed experts

Question 4

65I Court may give directions to expert witnesses—conferences and joint reports

Answer 4

Courts may direct expert witnesses to hold a CONFERENCE or prepare a JOINT REPORT, or both.
The court may direct that expert conferences be held with or without all or any of:

• the parties to the proceeding;
• the parties’ legal practitioners;
• an independent facilitator.

Question 5

65K Court may give direction about giving of evidence, inc concurrently, by expert Ws

Answer 5

Court may give any direction it considers appropriate wrt experts giving evidence at trial.

The court may question an expert W in order to identify the real issues in dispute between two or more expert Ws, including questioning more than one expert W simultaneously.

Question 6

65P Disclosure of retainer arrangements (expert witnesses)

Answer 6

A party may apply for an order that an expert W retained by any party disclose to the court and all parties to the proceeding all or specified aspects of their retainer agreement.

Where such an application is made, court may make any order it considers appropriate.