Bushby (by his litigation representative Webling) v State of Victoria (Department of Education and Training) [2023] FCA 138

Federal Court of Australia

Bushby (by his litigation representative Webling) v State of Victoria (Department of Education and Training) [2023] FCA 138 File number: VID 884 of 2018

Judgment of: MCEVOY J

Date of judgment: 23 February 2023

Date of publication of reasons: 1 March 2023

Catchwords: PRACTICE AND PROCEDURE – whether orders should be made for expert witness conclaves facilitated by a Registrar of the Court – applicant opposes proposed expert witness conclaves on the basis that the respondent's expert has no specialised knowledge in the relevant fields, that she has not been provided with the applicant's lay affidavit material and that the proposed conclaves would incur unnecessary costs and be contrary to the overarching purpose of the civil practice and procedure rules – where the Court is satisfied that orders for expert conclaves are appropriate, that the expert has the requisite experience, and that it is likely to be assisted by collaboration between the experts which may narrow the issues in dispute

Legislation: Evidence Act 1995 (Cth) s 79 Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) Sch 1

Cases cited: Dasreef Pty Ltd v Hawchar (2011) 243 CLR 588; [2011] HCA 21 Honeysett v The Queen (2014) 253 CLR 122; [2014] HCA 29;

Division: General Division

Registry: Victoria

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 18

Date of last submission/s: 23 February 2023

Date of hearing: 23 February 2023