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Concurrent Evidence

  • The traditional approach of giving evidence is for the party making the claim to put all its evidence first and then for the party replying to same to respond to same to all the evidence,
  • Concurrent evidence is the the process of giving evidence side by side.
  • This can include for instance one expert gives his or her evidence on one issue and then other expert gives his or evidence in reply on that issue.
  • Another option is to
    • swear all relevant witnesses at the one time
    • the joint expert report is received in evidence
    • each expert provides an explanation of his or her view
    • the experts question each other about their view
    • limited cross examination and reexamination from counsel
  • Civil Procedure Act, s65K
  • Fulton v Hogan 2)
  • Federal Court of Australia Order 23
  • Federal Court of Australia CM7
  • Supreme Court (General Civil Procedure) Order 44
    • Expert Witness Code of Conduct Form 44A
  • Commercial Court Practice Note 10 of 2011, 13.24-13.26
  • Technology Engineering and Construction List Practice No 2 of 2009
  • County Court (General Civil Procedure) Order 44
    • Expert Witness Code of Conduct Form 44A
  • Magistrates Court General Civil Procedure Rules 2010 (Vic)
    • Expert Witness Code of Conduct Form 44A
1) [2010] VCC 69
2) at [135]

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