(1) This rule applies
if in a proceeding the Tribunal orders experts with a common or overlapping
expertise to confer and to file a joint statement about matters such as the
points on which they agree and disagree.
(2) Unless the
Tribunal orders otherwise, the experts must confer in the absence of the
parties and the parties’ representatives.
(3) An expert who is
required to confer must not, before the joint statement is filed, discuss any
matter raised in the conference with, or disclose any such matter to, any
person who is not part of the conference.
(4) Evidence of
anything said or done in the course of the conference of experts, other than
the joint statement, is not admissible at any later stage of the proceeding
without the Tribunal’s leave.
(5) Unless the
Tribunal orders otherwise, it will admit the joint statement filed by the
experts into evidence at the hearing of the proceeding.
(6) If the joint
statement is admitted into evidence, no party can adduce any evidence
inconsistent with any matters on which the statement says the experts agree,
without the Tribunal’s leave.
[Rule 39B inserted: Gazette 17 May 2016
p. 1491.]