Thursday, 1 November 2018
Whilst its modern history goes back at least thirty years, in the past decade or so it has been increasingly difficult to attend a legal conference or read a legal journal without some discussion of concurrent evidence, colloquially known as the ‘hot tub’. Such is the plethora of articles and papers on the subject, it is difficult to come up with a witty title for articles on the topic (so we have not!).

It is often said that success has many parents, however it seems generally accepted that concurrent evidence was an Australian invention, first introduced in the Competition Tribunal and later adopted by the Federal Court, the Supreme Court of New South Wales and other Australian courts and tribunals. Since then it has been formally adopted or used in most Australian jurisdictions. Internationally it has also been used in the courts of Canada, England and Wales, Hong Kong, Malaysia, Singapore and South Africa, as well as being an increasing feature in many arbitrations.
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