Carna Group Pty Ltd v The Griffin Coal Mining Company (No 4) [2020] FCA 761

Carna Group Pty Ltd v The Griffin Coal Mining Company (No 4) [2020] FCA 761

Departure from conventional pre-trial sequence is not warranted; lay evidence ought be exchanged before expert evidence and trial documentary bundle, and processes should align with least costly and most time-efficient approach consistent with the interests of justice.

Jurisdiction
Australia
Judgment Date
03 June 2020
Procedural Posture
Commercial Dispute / Pre Trial Case Management; Orders for Trial Preparation
Outcome
Pre-trial orders made per respondents’ proposed sequence; conventional order of trial preparation adopted.
Legal Topics
['timetabling' 'preparation for Trial' 'sequence of Pre Trial Steps' 'lay Witness Evidence' 'expert Witness Evidence' 'documentary Evidence']
['practice and Procedure' 'commercial Law'] ['timetabling' 'preparation for Trial' 'sequence of Pre Trial Steps' 'lay Witness Evidence' 'expert Witness Evidence' 'documentary Evidence']

Case Brief

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Procedural Posture

Commercial Dispute / Pre Trial Case Management; Orders for Trial Preparation

Legal Issues

  1. 1 ['Whether documentary evidence should be exchanged before witness statements' 'Whether expert evidence should precede lay evidence' 'Whether it is appropriate to depart from the ordinary course in trial preparation']

Ratio Decidendi

Departure from conventional pre-trial sequence is not warranted; lay evidence ought be exchanged before expert evidence and trial documentary bundle, and processes should align with least costly and most time-efficient approach consistent with the interests of justice.

Court Disposition

Pre-trial orders made per respondents’ proposed sequence; conventional order of trial preparation adopted.

Orders

  • ["The time for applicant's and respondents' compliance with orders made on 20 December 2019 relating to expert evidence and witness statements is extended as specified." 'Each party must file and serve an index of documents to be tendered at trial by 31 October 2020.' 'Respondents may file a consolidated index of...