Victorian Current Acts Victorian Current Acts(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.