here - Gordon & Jackson

13.24.2. neither the parties nor practitioners should seek to restrict the freedom of the
experts at the conference to identify and acknowledge the matters upon which they
agree;
13.24.3. following any conference, the experts shall prepare a joint memorandum for
the Court stating:
13.24.3.1. that they have met and discussed each matter upon which they have been
directed to confer;
13.24.3.2. the matters on which they agree;
13.24.3.3. the matters on which they disagree; and
13.24.3.4. in brief summary the reasons for their disagreement.
A copy of Schedule 8 is annexed to this paper. There is also a standard valuation order in
Schedule 4 which applies in shareholder oppression proceedings, partnership disputes and
any other proceeding where the value of a business is likely to be in issue. A copy of
Schedule 4 is also annexed to this paper.
Order 44 is in the same terms in the County Court Rules, but the Magistrates Court Rules
have their own Rule 44. Again, it is in largely the same form as Order 44. It also exempts
parties who are experts. Further, it exempts any itemised quotation or assessment attached
to a complaint under Rule 5.05(2) (costs of repairs to the vehicle arising out of a motor
vehicle collision) and an arbitration of a compliant, where the complaint has been referred to
arbitration by the Court under section 102 of the Magistrates Court Act 1989 (Vic).
The Federal Court
The Federal Court adopted new rules on 1 August 2011. Part 23 of the Federal Court Rules
deals with experts reports and experts. Division 23.1 deals with Court-appointed experts and
Division 23.2 deals with parties' expert witnesses and expert reports. Various expressions
use in that division are defined in Schedule 1 to the Rules as follows:-
- an expert means a person who has specialised knowledge based on the person's training,
study or experience;
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