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.
Terms of Reference
In 1973 the Commission was asked to report on the extent to which the privilege attaching to medical and technical reports should be altered, and to recommend any changes it considered desirable.
Outcomes
The Commission’s recommendations were implemented by the Acts Amendment (Expert Evidence) Act 1976 (WA).
