“Justice Riordan of the Supreme Court [of Victoria] in his recent Expert Evidence Ruling confirmed that communications between lawyers and experts are permissible and will not impede the expert’s impartiality as long as there is no attempt to influence the expert’s opinion. He confirmed that there is nothing unusual or wrong with the lawyers briefing the expert prior to issuing a letter of instruction for a complicated matter, and it would be unusual if this did not occur. It is to be expected that there will be communications for the purpose of identifying the pertinent questions and relevant material. His Honour also observed that there is nothing improper in a lawyer putting a proposition or “thesis” to an expert and asking whether the relevant facts support this thesis or proposition; as long as this is not influencing the expert’s opinion.”

For a link to this article, see: https://www.lexology.com/library/detail.aspx?g=48c4e395-860e-498b-b8b3-4458a230e5c5

For the judgments, see: http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VSC/2019/665.html?context=1;query=auswild;mask_path=