In this article, Forensic Partner Brian Wood and Director Poppy
Potter discuss a recent case highlighting the issues around
introducing new evidence in an expert conclave.
Background
The proceeding concerns complaints made by a junior joint
venture partner ('the plaintiffs') about the conduct of the
senior joint venture partner ('the defendants') in the
course of exploitation of a coal deposit at Monto, Queensland.
The proceeding was set down for a 16 week trial. Over the first
48 hearing days of the trial, the experts had met in 17 facilitated
joint expert conclaves and produced 17 joint expert reports.
Problems arose during the conduct of the joint expert conclaves,
where some of the experts sought to present new information and
analyses.
