Expert Evidence

Question 1

A party must seek directions from the court “as soon as practicable” if they intend to adduce expert evidence.

Answer 1

s 65G Civil Procedure Act 2010 (Vic)

Question 2

In Victoria, an expert may not lead evidence not previously disclosed in their report.

Answer 2

Order 44.05 SCR15

Except with the leave …or by consent … a party shall not, except in cross-examination, adduce any evidence …unless the substance of the evidence is contained within a report…

Question 3

In Victoria, a supplementary expert report must be served on all parties.

Answer 3

Order 44.03(3) SCR15

If the expert provides to a party a supplementary report, including a report indicating that the expert has changed the expert’s opinion…

Question 4

Which Part of the CPA regulates expert evidence, and is designed to give judges greater control over its use?

Answer 4

Part 4.6 of the CPA

‘enhancing the case management powers…restricting expert evidence … emphasising the primary duty of an expert witness to the court.’

Question 5

The concept of an ad hoc expert was recognised at common law by the High Court.

Answer 5

R v Butera [1987] HCA

Heroin trafficing - recordings in non-English - listened to repeatedly.

Question 6

When briefing an expert, what is a prudent substitution for the phrase ‘we have been advised that…’?

Answer 6

‘Please assume that…’

Question 7

When agreeing to a set of assumed facts for the expert conclave, what must you be careful of?

Answer 7

Assumed facts becoming “entrenched folklore”.

Question 8

When selecting an expert to participate in an expert conclave, what characteristics are favourable?

Answer 8

Stong personality to prevail in “survival of the fitest”.

Question 9

There must be a “fair climate” for expert evidence.

Answer 9

Paric v John Holland Constructions Pty Ltd [1985] HCA

Back injury - later injury - failure to disclose to doctors.