Kiely v AAT Port Kembla [2016] NSWSC 66 considered the procedure to be followed where, during a hearing, an expert for one party flagged her intention to change her mind about her agreement with the answer to a critical question which the rehabilitation specialists had considered: [4].

The trial judge at [6] stated that  the proper procedure in circumstances where an expert has had a change of heart (in respect of an opinion given in a primary report) is for the expert to prepare a supplementary report explaining the change of position.

“The same rule and practice applies where there has been a conference and the production of a joint report. Of course the other expert or experts who have participated in the conference must have the chance to themselves prepare a supplementary report explaining why they may disagree with the other expert’s changed opinion.”

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