This Practice Note commences 17 August 2005.
This Practice Note applies to all civil appeals and proceedings before the Court. This Practice Note does not apply to proceedings in the Court of Criminal Appeal or criminal proceedings in the Common Law Division.
Introduction
The objective of this Practice Note is to facilitate compliance with any directions of the Court given pursuant to Division 2 of Part 31 of the UCPR.
Objectives of joint conferences
The objectives of such directions for a joint conference of experts include the following:
- the just, quick and cost effective disposal of the proceedings;
- the identification and narrowing of issues in the proceedings during preparation for such a conference and by discussion between the experts at the conference. The joint report may be tendered by consent as evidence of matters agreed and/or to identify and limit the issues on which contested expert evidence will be called;
- the consequential shortening of the trial and enhanced prospects of settlement;
- apprising the Court of the issues for determination;
- binding experts to their position on issues, thereby enhancing certainty as to how the expert evidence will come out at the trial. (The joint report may, if necessary, be used in cross-examination of a participating expert called at the trial who seeks to depart from what was agreed); and
- avoiding or reducing the need for experts to attend court to give evidence.
