Damming Evidence: Judges Empowered to Restrict the Flow of Expert EvidenceAuthor : Andrew Seiter, Partner and Jonathan Katsanos, Solicitor

General Insurance

On 20 June 2012 the Victorian Government introduced into Parliament the Civil Procedure Amendment Bill 2012 (Amending Bill). The Amending Bill builds on the foundations of the Civil Procedure Act 2010 that was introduced in early 2011. The Amending Bill highlights a concern at Government level about the efficiency of Victorian Courts. In particular, the Government has identified the use of expert evidence as one factor it considers a source of unnecessary delay and expense.

In an effort to streamline civil litigation the Amending Bill contains a raft of new powers expanding upon the Courts’ pre-existing power to deal with the use of expert evidence. This includes new restrictions on when expert evidence can be used and powers to compel the use of single experts.

We discuss the possible effects of these amendments in the below article (link) and question whether the Amending Bill is likely to achieve its goal of more efficient litigation.

Damming Evidence: Judges Empowered to Restrict the Flow of Expert Evidence

For further information, please contact Andrew Seiter, Partner, Robin Shute, Partner, or Jonathan Katsanos, Solicitor.

andrew.seiter@wottonkearney.com.au
robin.shute@wottonkearney.com.au
jonathan.katsanos@wottonkearney.com.au

03/07/2012