April 06, 2018

Conclaves - An introduction to Conclaves (esp in the NSW District Court)


Standard Orders for Hearing

The District Court of NSW “Standard Orders for Hearing” published 11 January 2016 include clauses 6-9 “Concurrent Evidence”.

They give effect to the Joint Conferences and Joint Report (“Conclaves”) and Concurrent Evidence provisions in UCPR 31.24-26 and make them the default position if expert witnesses are to give oral evidence. Joint Conferences or Conclaves and Joint Reports happen before the trial. Concurrent Evidence happens at the trial but is largely based on the Joint Conferences or Conclaves and Joint Reports.

Conclaves and Joint Reports

In NSW the Court has the power to direct expert witnesses to confer and endeavour to reach agreement (Joint Conference or Conclave) and to prepare a joint report…

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