ARTICLE · 18 JULY 2024

Engagement letters to experts should not call for assistance to defend or advocate

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Lawyers should be cautious about instructing expert witnesses, so as not to mislead them as to their engagement.

AustraliaLitigation, Mediation & Arbitration

Richard Skurnik

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Medical Board of Australia v Currie (Review and Regulation) [2024] VCAT 427

In this case, the VCAT found it unfortunate that the lawyers' request to the experts was to assist a party in defending the allegations at a hearing, which could mislead experts regarding their role.

Background

The Medical Board of Australia (the Board) received ten notifications about the practice of medicine of Dr Currie, a registered medical practitioner with general and specialist registration in addiction medicine and a physician in the field of neurology. It concerned his treatment of 15 patients. The Board referred the matter to the VCAT, under the Health Practitioner Regulation National Law (Victoria) Act 2009.

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