Casting a wide net: reports of experts who are not deployed may be discoverable in Qld

In this article, Bridgette Neill-White, Manager from our Brisbane office discusses a case which highlights when a statement or report from an expert requires disclosure.

Murphy & Ors v Gladstone Ports Corporation Ltd [2019] QSC 12

Introduction

Murphy & Ors v Gladstone Ports Corporation Ltd considers the circumstances in which expert reports are disclosable under Uniform Civil Procedure Rules 1999 ('UCPR 1999')ⁱ which applies to civil proceedings in the Queensland Supreme Courts, District Courts and Magistrates Courts.

This judgment shows that r 212(2), which states that a "document consisting of a statement or report of an expert is not privileged from disclosure", applies to all expert reports and statements, regardless if they are draft or final copies, and regardless of whether the expert ultimately gives evidence.