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Recent Developments in Expert Evidence in Victoria 28/11/13

by Albert Monichino

Albert Monichino S.C. Paper presented to the Leo Cussen “Commercial Litigation Conference” on 28 November 2013 in Melbourne.

 

Since 30 October 2012, Victorian courts have been given increased powers to determine how expert evidence may be used in court proceedings. These powers derive from the introduction of a new Part 4.6 of the Civil Procedure Act 2010 (Vic) (‘CPA’).3 In this paper, I will:

(a) look at the history of expert evidence reform, so as to put Part 4.6 in its proper context;

(b) examine the case law since 1 November 2012 that has considered Part 4.6, or the CPA in the context of expert evidence;

(c) outline a suggested new model of adducing expert evidence that is likely to emerge as a result of the introduction of Part 4.6.

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