65LSingle joint experts

65L Single joint experts (1) A court may order that an expert be engaged jointly by 2 or more parties to a civil proceeding. (2) A court may make an order for the engagement of a single joint expert at any stage of the proceeding. (3) In making an order to engage a single joint expert, the court must consider— (a) whether the engagement of 2 or more expert witnesses would be disproportionate to— (i) the complexity or importance of the issues in dispute; and (ii) the amount in dispute in the proceeding; (b) whether the issue falls within a substantially established area of knowledge; (c) whether it is necessary for the court to have a range of expert opinion; (d) the likelihood of the engagement expediting or delaying the trial; (e) any other relevant consideration. (4) A single joint expert is to be selected— (a) by agreement between the parties; or (b) if the parties fail to agree, by direction of the court. (5) A person must not be engaged as a single joint expert unless he or she consents to the engagement. (6) Any party who knows that a person is under consideration for engagement as a single joint expert— (a) must not, prior to the engagement, communicate with the person to obtain an opinion on the issues concerned; and (b) must notify the other parties to the proceeding of the substance of any previous communications on the issues concerned. (7) Unless the court orders otherwise, a single joint expert's report may be tendered in evidence by any of the parties to the proceeding. S. 65M inserted by No. 62/2012 s. 10.