Judge enjoys 'hot tubbing' - finds advantages in concurrent evidence

The use of concurrent evidence or 'hot tubbing' in Australian courts is increasing, with over 70 cases employing the process in 2012. Given this increase in use there has been much debate regarding the merits and potential drawbacks of the process.

In the recent case of Visy Packaging Pty Ltd v Siegwerk Australia Pty Ltd¹, Justice Gray made some interesting observations about its use. He stated:

"The process of taking expert evidence was a great deal more satisfactory than the traditional method of having the expert witnesses called separately and be examined, cross-examined and re-examined."

Justice Gray listed the following further benefits:

• The experts were able to debate, with few interruptions, all the issues in their joint report in sequence.