Porter v Le [2016] NSWSC 849 is an interlocutory decision focusing mainly on concurrent evidence orders leading up to a hearing. It is a particularly interesting matter as the hearing will involve more than 20 liability specialists. A conclave of 16 experts had produced a joint causation report of about 100 pages in length.

The defendant proposed that all 20 expert witnesses give evidence concurrently. The court saw that as impractical and made orders for concurrent evidence in groups. The groups ordered appear to have a practical focus, rather than being drawn by reference to strict medical specialty areas: [9].

Orders were also made as to the giving of evidence by an expert who had been unable to attend the conclave: [13].

With thanks to Rebecca Tidswell for noting this matter.

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