Who is responsible for managing the process?
Forrest J addressed the risk, often arising in complex proceedings requiring experts across multiple disciplines, that lawyers for both parties will fervently contest issues put to the experts. In a paragraph titled “How to stop the bickering”, His Honour observed that:
As night follows day, it is inevitable that the lawyers for [the Plaintiff] and [the Defendant] will continue to argue about questions relating to the conclaves. I fear that there is a real prospect that the arrangements could go off the rails if this is permitted to go on.
In response to this issue, Forrest J held that a court-appointed party be responsible for the management and supervision of the expert conclaves. In this instance, an Associate Justice was employed for this role.