Victorian Current Acts

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Single joint experts

    (1)     A court may order that an expert be engaged jointly by 2 or more parties to a civil proceeding.

    (2)     A court may make an order for the engagement of a single joint expert at any stage of the proceeding.

    (3)     In making an order to engage a single joint expert, the court must consider—

        (a)     whether the engagement of 2 or more expert witnesses would be disproportionate to—

              (i)     the complexity or importance of the issues in dispute; and

              (ii)     the amount in dispute in the proceeding;

        (b)     whether the issue falls within a substantially established area of knowledge;

        (c)     whether it is necessary for the court to have a range of expert opinion;

        (d)     the likelihood of the engagement expediting or delaying the trial;

        (e)     any other relevant consideration.

    (4)     A single joint expert is to be selected—

        (a)     by agreement between the parties; or

        (b)     if the parties fail to agree, by direction of the court.

    (5)     A person must not be engaged as a single joint expert unless he or she consents to the engagement.

    (6)     Any party who knows that a person is under consideration for engagement as a single joint expert

        (a)     must not, prior to the engagement, communicate with the person to obtain an opinion on the issues concerned; and

        (b)     must notify the other parties to the proceeding of the substance of any previous communications on the issues concerned.

    (7)     Unless the court orders otherwise, a single joint expert's report may be tendered in evidence by any of the parties to the proceeding.

S. 65M inserted by No. 62/2012 s. 10.

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