Date:

07/17/2001

MEDIA STATEMENT 17 July 2001
ACHIEVING EXPERT WITNESS AGREEMENT

The Chief Justice of New South Wales, the Hon J.J. Spigelman AC, has released a Practice Note which provides a comprehensive code for conferences between expert witnesses, before trial.

An amendment to the Court’s rules in June, as further amended recently; specify with certainty the ways in which the joint reports may be used at trial if the proceedings are not resolved beforehand.

The Court may order expert witnesses to confer and to provide the Court with a joint report specifying matters agreed, matters not agreed and the reasons for any disagreement.

Significantly, special status is given to agreement reached by the expert witnesses: evidence may not be lead inconsistent with anything agreed in the joint report unless the Court grants leave to do so.

The code, “Joint Conferences between experts”, has a number of stated objectives:

1. just, quick and cost effective disposal of proceedings
2. identification and narrowing of issues
3. the consequential shortening of the trial and enhanced prospects of settlement
4. Apprising the court of issues for determination
5. Binding experts to their position on issues
6. Avoiding or reducing the need for expert to attend court to give evidence

The code was developed by a Professional Negligence List committee, chaired by Justice Alan Abadee prior to his retirement and now Justice Hal Sperling. That Committee comprised representatives of the legal professional bodies, insurers, medical profession, law firms and others and worked together in settling the guidelines. After further consultation, the Chief Justice extended the guidelines across the Court and published Practice Note 121.

Some other jurisdictions have a similar rule. The NSW practice note provides detailed guidance for legal practitioners and expert witnesses. The new Practice Note 121 is available from the Court’s web site: www.lawlink.nsw.gov.au/sc