In the Land Court, expert evidence plays a crucial role in resolving disputes and assisting the Court make a decision. To ensure this evidence is clear and well-organised, the Court uses a process called Court Managed Expert Evidence (CMEE). Events such as Case Management Conferences and Meeting of Experts are held by the CMEE Convenor.
The CMEE process help experts collaborate, identify key issues, and prepare joint expert reports. CMEE provides additional oversight, with the Convenor guiding the preparation and management of expert evidence.
Court Managed Expert Evidence (CMEE)
About CMEE
CMEE is a process the Court uses to manage expert evidence before a hearing. A Convenor, who is a member or judicial registrar, runs the process.
When a CMEE is initiated
The Court may direct a case to CMEE during a directions hearing or review and appoint the Convenor. A party can also request CMEE before the hearing. The Convenor begins the process by meeting with the parties or their representatives in a case management conference.
Meeting of experts and joint report
A meeting of experts is when experts in a particular field of work come together to prepare a joint expert report. This report outlines:
- what the experts agree on
- what they disagree on but is not critical to the case
- what they disagree on that is important to the case
- the reasons for their disagreements on important issues.
Role of a CMEE Convenor
The Convenor’s role is procedural. They do not hear the case but help manage expert evidence and prepare for the hearing.
The Convenor helps parties to:
- identify the issues in dispute
- decide which issues need expert evidence
- choose which experts will prepare joint reports and on which issues
- plan the order of expert meetings
- ensure experts have the information they need
- prepare a consolidated brief for the experts
- arrange secretarial or administrative support for expert meetings
- communicate with experts during their meetings
- adjust the timetable for expert briefings, meetings, and reports
- review joint expert reports and their impact on other evidence
- agree on steps to take during CMEE
- report to the President if needed
- seek further directions from the President if required.
The Convenor helps experts by:
- asking them to explain their assumptions and conclusions
- supporting discussions when experts:
- have different levels of experience
- struggle to communicate
- show bias or lack independence
- lack expertise in a specific area
- explaining court expectations and the hearing process to less experienced experts
- explaining how concurrent evidence works
- ensuring all experts have a chance to speak during meetings.
More information about expert evidence in the Land Court
The Land Court uses Practice Direction 6 of 2020 to provide further information and practicable advice on the role of experts in the Court.
