Australian Capital Territory Current Acts

EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1991 - SECT 84

    (1)     This section applies if, in a civil proceeding in the Supreme Court or Magistrates Court (the court ), the court directs the expert witnesses in the proceeding to meet—

        (a)     to identify the matters on which they agree; and

        (b)     to identify the matters on which they disagree and the reasons why; and

        (c)     to try to resolve any disagreement.

    (2)     Unless the court otherwise orders, evidence of anything done or said, or an admission made, at the meeting is admissible at a trial of the proceeding only if all the parties to the proceeding that are active parties under the rules under the Court Procedures Act 2004

applying to the proceeding (the rules ) agree.

    (3)     However, subsection (2) does not apply to a document produced in accordance with a direction made by the court under the rules that the expert witnesses produce a document for the court's use, identifying—

        (a)     the matters on which they agree; and

        (b)     the matters on which they disagree; and

        (c)     the reasons for any failure to reach agreement on any matter.