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Instructions to experts • Please jointly identify and explain (giving brief reasons) any areas of agreement • Please jointly identify any areas of disagreement • If areas of disagreement have been identified, please individually explain (giving brief reasons) your own position in relation to that area. Then, please comment on the explanation given by the other person(s) in relation to the areas of disagreement, including why you disagree. Session protocol • The witnesses are to be provided with a list of topics taken from the areas of disagreement • Each witness be invited to summarise his/her opinion on each topic, giving brief reasons, on a topic by topic basis • Each witness be invited to ask a question or questions of other witnesses in relation to their opinions on the topics, on a topic by topic basis
• Counsel for a party to cross‐examine witnesses for the other party with all witnesses present, with liberty to invite a response or comment from any other witness including the first party’s witness in relation to any matter the subject of the crossexamination, on a topic by topic basis • Counsel for the opposite party to be invited to ask any questions arising out of the cross‐ examination by way of re‐examination, examination on a topic by topic basis • At the end of the concurrent session, the concurrent experts be cross‐examined individually by leave on matters not reasonably practicable to be dealt with in the context of the identified topics
Page 1 and 2: RECENT DEVELOPMENTS IN COMMERCIAL L
Page 3 and 4: Susan Gatford Susan practices in co
Page 5: Example Orders • On or before ___
Page 9: VCAT Practice Note 2 27. If directe
Page 12 and 13: Expert Evidence Presenter: Susan Ga
Page 14 and 15: Page 3 of 31
Page 16 and 17: The legislation Until recently Vict
Page 18 and 19: Section 80 is also important to rem
Page 20 and 21: Further, Professor Morton gave evid
Page 22 and 23: The High Court refused leave to app
Page 24 and 25: This approach refines the concept o
Page 26 and 27: Court practice notes and procedural
Page 28 and 29: (3) If the expert provides to a par
Page 30 and 31: - expert evidence means the evidenc
Page 32 and 33: (A) the opinion; and (B) the factua
Page 34 and 35: (2) The Court may give any directio
Page 36 and 37: Preparing expert evidence So, again
Page 38 and 39: The retainer Once a possible expert
Page 40 and 41: them information as, apart from any
Page 42 and 43: Conclusion Preparing and presenting
Page 44 and 45: SECURITY FOR COSTS Application for
Page 46 and 47: 6. In a recent decision of Derham,
Page 48 and 49: and Execution of Process Act 1992 (
Page 50 and 51: “(H) Whether substantially the sa
Page 52 and 53: Mark-Sensing Shanghai Paper Product
Page 54 and 55: The process for appealing the decis
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3 necessary, within 14 days of leav
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5 the Judge in charge of this list,
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7 22.1. by the exercise of reasonab
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9 respondent has to file a copy of
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GORDON & JACKSON DISCLAIMER OF RESP
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