Recent Developments in Expert Evidence in Victoria

Abstract

The introduction of the Civil Procedural Act 2010 (Vic) has effected cultural change in many aspects of civil litigation in Victoria. One important reform is Pt 4.6, which deals with expert evidence. Since its introduction, Victorian courts have looked afresh at the appropriate use of expert evidence, demonstrating an eagerness to manage its use more proactively and efficiently. This article presents a comprehensive overview of recent Victorian case law dealing with the new provisions in Pt 4.6, revealing emerging judicial attitudes and trends to the use of expert evidence following the reform, concluding that one can already see a perceptible shift in the way that expert evidence is managed by Victorian courts. The author also considers the history of law reform surrounding expert evidence and alternative approaches to the management of expert evidence, such as those used in the context of international commercial arbitration.

Keywords: Expert evidence, Victoria, Pt 4.6 Civil Procedural Act 2010, recent developments, case law, history of law reform, alternative approaches to management expert evidence, international commercial arbitration