This article is intended to provide general advice only. The contents do not constitute legal advice and should not be relied upon as such. Readers should seek specific expert and legal advice in relation to the information provided in this article.
Civil Procedure Act 2010 (Vic)
The Civil Procedure Act 2010 (Vic) has among others, “an overarching purpose in relation to the conduct of civil proceedings to facilitate the just, efficient, timely and cost-effective resolution” of disputes.1
As a result of this “overarching purpose”, expert witnesses have “overarching obligations” to the court2, including a paramount duty to the court3 and an overarching obligation:
to act honestly;4
to co-operate in the conduct of the civil proceedings;5
not to mislead or deceive;6
to narrow the issues in dispute;7
to ensure costs are reasonable and proportionate;8
to minimise delay;9 and
not to use the information or documents for a purpose other than in connection the civil proceeding.10
In the event that a court is satisfied that an expert witness has contravened any overarching obligation, the court may make any order it considers appropriate in the interests of justice.11 It is also possible for contraventions of some of the overarching obligations to constitute contempt of court.12
References
1 Civil Procedure Act 2010 (Vic) ss1(1)(c), 7(1).
2 Civil Procedure Act 2010 (Vic) s 10(3).
3 Civil Procedure Act 2010 (Vic) s 16.
4 Civil Procedure Act 2010 (Vic) s 17.
5 Civil Procedure Act 2010 (Vic) s 20.
6 Civil Procedure Act 2010 (Vic) s 21.
7 Civil Procedure Act 2010 (Vic) s 23.
8 Civil Procedure Act 2010 (Vic) s 24.
9 Civil Procedure Act 2010 (Vic) s 25.
10 Civil Procedure Act 2010 (Vic) s 27(1).
11 Civil Procedure Act 2010 (Vic) s 29.
12 Civil Procedure Act 2010 (Vic) s 27(2).