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

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