Some Observations on the Use of Experts
06/08/11 David Levin QC & Ian Percy. Society of Construction Law Conference, Brisbane August 2011.Based on our experience, we favour the following approach to expert evidence in major litigation:
- Early involvement of the Court to assist the parties determine or to specify the matters to be the subject of expert evidence
- Experts of like discipline being instructed to provide an opinion on the agreed or specified matters (in addition to any other matter the party engaging them wants an opinion on)
- After exchange of reports, experts meeting in conference and producing a joint report a reasonable time prior to trial
- In appropriate cases an independent facilitator being engaged to chair the joint conference of experts and produce the report
- In appropriate cases, experts being involved in the mediation[1]
- Experts giving their evidence concurrently on an issue by issue basis
[1] In Wheelahan v City of Casey, [2011] VSC 62 a direction was made that a joint report be produced prior to the mediation with the intention of fully informing the parties of all issues so as to give the mediation the best prospects of success.
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BC Place Stadium in Vancouver. Built in 1983 it was the largest air supported stadium roof until it was deflated in May 2010. The photo shows part of the construction for the new retractable roof structure in October 2010.