STATE ADMINISTRATIVE TRIBUNAL RULES 2004 - REG 39B

STATE ADMINISTRATIVE TRIBUNAL RULES 2004 - REG 39B

39B .         Conference of experts pre-hearing

        (1)         This rule applies if in a proceeding the Tribunal orders experts with a common or overlapping expertise to confer and to file a joint statement about matters such as the points on which they agree and disagree.

        (2)         Unless the Tribunal orders otherwise, the experts must confer in the absence of the parties and the parties’ representatives.

        (3)         An expert who is required to confer must not, before the joint statement is filed, discuss any matter raised in the conference with, or disclose any such matter to, any person who is not part of the conference.

        (4)         Evidence of anything said or done in the course of the conference of experts, other than the joint statement, is not admissible at any later stage of the proceeding without the Tribunal’s leave.

        (5)         Unless the Tribunal orders otherwise, it will admit the joint statement filed by the experts into evidence at the hearing of the proceeding.

        (6)         If the joint statement is admitted into evidence, no party can adduce any evidence inconsistent with any matters on which the statement says the experts agree, without the Tribunal’s leave.

        [Rule 39B inserted: Gazette 17 May 2016 p. 1491.]