Hi All,
I'm currently involved in bringing a case against a supplier before the NCAT.
A couple of days ago we attempted mediation outside of the courtroom, but a resolution could not be reached. We then took the matter in front of a tribunal member who scheduled a date for the case to be heard and gave both parties orders to exchange evidence before the hearing.
My question relates to protocol for the creation and exchange of evidence. During the mediation session, the party who I am bringing the case against presented an expert's report which contained a lot of information that was false. I would like to engage an expert to refute the other party's expert, but in order to do so I need to obtain a copy of their report.
We're due to exchange evidence a couple of weeks out from the court date, but the tribunal member has advised that after the exchange has been made we're unable to alter anything - so we won't be able to amend our statement to address their claims if needed.
I'm just wondering if there's a way we can obtain the report to ensure our expert is addressing everything he needs to address BEFORE we hand over our evidence to the opposing party.
Thanks so much for your help!
I'm currently involved in bringing a case against a supplier before the NCAT.
A couple of days ago we attempted mediation outside of the courtroom, but a resolution could not be reached. We then took the matter in front of a tribunal member who scheduled a date for the case to be heard and gave both parties orders to exchange evidence before the hearing.
My question relates to protocol for the creation and exchange of evidence. During the mediation session, the party who I am bringing the case against presented an expert's report which contained a lot of information that was false. I would like to engage an expert to refute the other party's expert, but in order to do so I need to obtain a copy of their report.
We're due to exchange evidence a couple of weeks out from the court date, but the tribunal member has advised that after the exchange has been made we're unable to alter anything - so we won't be able to amend our statement to address their claims if needed.
I'm just wondering if there's a way we can obtain the report to ensure our expert is addressing everything he needs to address BEFORE we hand over our evidence to the opposing party.
Thanks so much for your help!