Conclave or Conference of Experts

A meeting between experts to resolve outstanding issues traditionally
- without lawyers and
- confined to those experts who have filed reports.
A schedule or list of issues can be helpful.
The objective is often to produce a joint expert report
The procedures adopted are ordinarily determined by the experts or moderator.
It is not a debate.
Time should be allocated based on the quantum of each issue.
Notes should be kept by all parties.
Each expert has a duty to the Court to assist the Court/Arbitrator.
No party should seek to restrict the freedom of the experts at the conference to identify and acknowledge the matters on which they agree ¹⁾
The experts may request further information or direction from each parties legal practitioner in writing and signed by both parties ²⁾
It would be incorrect for an expert to be given, or to accept, instructions not to reach agreement. If, at, a meeting directed by the Court, the experts cannot reach agreement about matters of expert opinion, they should specify their reasons for not being able to do so ³⁾
Civil Procedure Act 2010 (Vic), s3
Civil Procedure Act 2010 (Vic), s65L Single joint experts
Civil Procedure Act 2010 (Vic), s65M Court appointed experts
Civil Procedure Act 2010 (Vic), 65N Instructions to single joint expert or court appointed expert
Civil Procedure Act 2010 (Vic), 65O Prohibition on other expert evidence without leave
Civil Procedure Act 2010 (Vic), 65P Disclosure of retainer arrangements
PNVACT2

²⁾ Standard Joint Expert Order 5(c) Schedule 8 to Commercial List Practice Note 10 of 2011