Joint Expert Conferences,
Conclaves & Oral Evidence
Participation in court-ordered expert conferences and conclaves, preparation of joint expert reports, and provision of oral evidence at hearing. Experienced in courts, tribunals and the Personal Injury Commission.
Joint Expert Conferences Explained
A joint expert conference is a meeting between experts retained by opposing parties to discuss the technical issues in a matter. The purpose is to identify where the experts agree and where they disagree, and to narrow the issues that need to be resolved at hearing. In many Australian courts and tribunals, joint expert conferences are ordered as a matter of course in proceedings involving expert evidence.
Joint expert conferences reduce the time and cost of proceedings by narrowing the disputed technical issues before the hearing date. Where experts reach agreement on some or all issues, that agreement is recorded in a joint expert report. The court is then able to focus hearing time on the issues that remain genuinely in dispute.
Karim Ali participates in joint expert conferences and conclaves as an experienced WHS expert. He approaches these conferences with the same independence he applies to his written reports. His obligation in a conference is to the court, not to the instructing party.
The Expert's Role in Conference
In a joint expert conference, the expert does not advocate for the party that instructed them. The expert's role is to discuss the technical WHS issues with the other expert, identify points of genuine agreement and honestly explain where and why disagreement remains. Solicitors are not present in most conferences unless the court directs otherwise.
This means the expert participating in a conference must have a thorough understanding of the matters in issue, be able to explain their reasoning clearly, and be willing to concede points that are genuinely concedable without compromising their independent opinion on matters where they hold a different view.
Where a joint conference has been ordered, contact Karim at the earliest opportunity to confirm availability, discuss the issues in dispute and provide the relevant expert reports from both parties.
Court Orders for Joint Conferences
Different courts and tribunals in Australia have different requirements for joint expert conferences. Karim is familiar with the requirements in each jurisdiction and prepares for each conference accordingly.
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Federal Court of Australia
The Expert Evidence Practice Note (GPN-EXPT) provides that experts may be directed to confer before or during trial. The note sets out the procedure for conferences, including that conferences are conducted without the attendance of legal representatives unless the court otherwise orders.
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NSW Personal Injury Commission
The Personal Injury Commission regularly directs experts to participate in conferences and conclaves. The PIC has specific procedural requirements for expert conferences that differ from those applicable in the District and Supreme Courts of NSW.
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NSW Supreme and District Courts
Under the Uniform Civil Procedure Rules 2005, the court may direct experts to confer and prepare a joint report. The joint report identifies matters agreed, matters not agreed and the reasons for any disagreement. Lawyers may attend but must not intervene except to answer questions of law or procedure.
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Other State Courts and Tribunals
Joint expert conferences are also conducted in workers' compensation bodies and civil courts in Queensland, Victoria, Western Australia and other states. Karim accepts instructions to participate in conferences in all Australian jurisdictions.
Conclave Methodology and Process
Each conference follows a structured process. The steps below reflect the typical sequence, though the specific procedure is governed by the court's directions in each matter.
Preparation
Karim reviews both experts' reports, identifies the areas of agreement and disagreement, and prepares his position on each issue to be discussed at the conference.
Conference
The experts meet, usually without legal representatives, and work through the issues in dispute. Each issue is discussed until a position of agreement or documented disagreement is reached.
Joint Report
The experts prepare a joint report identifying the matters agreed, the matters not agreed and the reasons for any remaining disagreement. The report is signed by both experts and filed with the court.
Post-Conference
Where issues remain unresolved after the conference, Karim is available to give oral evidence at the hearing on the matters that were not agreed between the experts.
What the Joint Report Covers
The joint expert report is a formal document filed with the court following the conference. It records the outcome of the conference on each issue and forms part of the evidence in the proceedings. The joint report does not replace each expert's individual report. It supplements it by recording what was agreed and explaining what was not.
- Statement of the issues addressed at the conference
- Issues on which the experts reached agreement
- The agreed position on each agreed issue
- Issues on which the experts could not agree
- Each expert's position on each unresolved issue
- The reasons for disagreement on each unresolved issue
- Confirmation that the report accurately records the conference
- Signatures of both experts
Giving Oral Evidence at Hearing
Where issues remain in dispute after a joint conference, Karim is available to give oral evidence at the hearing. Oral evidence involves the expert explaining and defending their opinions in the written report and the joint report under examination and cross-examination.
Karim explains the key opinions in his report and the reasoning that supports them, in response to questions from the instructing solicitor or barrister.
Karim responds to questions from opposing counsel, defending his opinions where they are well-founded and conceding points where the cross-examination raises a valid concern. He does not advocate beyond what his expert opinion supports.
Where cross-examination has raised matters that require clarification, the instructing barrister may re-examine Karim to allow him to provide that clarification before his evidence concludes.
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Can a solicitor attend the joint conference?
In most courts, solicitors may attend the conference but must not intervene except to answer questions on matters of law or procedure. In some tribunals and under some court directions, solicitors are excluded entirely. The specific rules for each conference are determined by the court's directions, and Karim will comply with whatever directions apply in the matter.
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What happens if the experts cannot agree on anything?
Where experts cannot reach agreement on any issue, the joint report records that fact and sets out each expert's position on each issue with the reasons for the disagreement. This outcome is not unusual in contested matters. The court then hears oral evidence from both experts on the disputed issues and makes its own findings.
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Can Karim participate in a conference in a matter where he has not prepared the expert report?
Generally, the expert who participates in the conference should be the same expert who prepared the report, as the conference requires detailed knowledge of the opinions expressed in the report and the reasoning behind them. Where a different expert is required to participate in a conference, this should be discussed with Karim at the earliest opportunity so the position can be assessed.
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How much notice is needed to arrange a joint conference?
As much notice as possible is preferred. Joint conference dates are typically agreed between both sets of legal representatives and then confirmed with both experts. Where a court has set a conference date, Karim should be notified as soon as that date is fixed so availability can be confirmed and preparation can begin.
Arrange a Joint Conference
Contact Karim Ali to confirm availability for a joint expert conference, conclave or oral evidence engagement.