Project No. 40

Commenced: 1973
Completed: 1975

In 1972, the English common law privilege for expert reports (which is similar to that in Western Australia) was significantly altered by the Civil Evidence Act 1972 (UK). It provided for the pre-trial production of all expert reports, the substance of which a party intends to rely on at the trial. Also, in New South Wales, South Australia and Tasmania there already existed provisions for the pre-trial production of expert reports. The question arose as to whether Western Australia should follow these jurisdictions and limit the privilege with regard to pre-trial production of expert reports.