McNickle v Huntsman Chemical Company Australia Pty Ltd (Assessors) [2021] FCA 780

McNickle v Huntsman Chemical Company Australia Pty Ltd (Assessors) [2021] FCA 780

The Court was satisfied it had power to appoint an assessor under s 33ZF of the Federal Court of Australia Act 1976 (Cth), and also under s 23 and the Court's implied powers. Given the exceptional complexity of the scientific evidence concerning glyphosate, glyphosate-based formulations, Roundup products and NHL, the appointment of an assessor may considerably assist the Court, provided the assessor's role is confined to assisting the judge to understand the technical evidence and does not involve delegation of judicial power or the provision of evidence.

Jurisdiction
Australia
Judgment Date
25 June 2021
Procedural Posture
Class Action Concerning the Alleged Carcinogenic Effects of Roundup / Interlocutory Case Management Issue Concerning Appointment of an Assessor or Assessors
Outcome
The proceeding was adjourned for the making of orders to effect the appointment of an assessor or assessors.
Legal Topics
['appointment of Assessors' 'expert Evidence' 'technical and Scientific Evidence' 'judicial Power' 'procedural Fairness']
['practice and Procedure' 'class Actions' 'evidence'] ['appointment of Assessors' 'expert Evidence' 'technical and Scientific Evidence' 'judicial Power' 'procedural Fairness']

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Procedural Posture

Class Action Concerning the Alleged Carcinogenic Effects of Roundup / Interlocutory Case Management Issue Concerning Appointment of an Assessor or Assessors

Legal Issues

  1. 1 ['Whether an assessor should be appointed to assist the Court in a complex class action involving scientific evidence about alleged carcinogenic effects of Roundup products.' 'Whether the Federal Court has power to appoint an assessor in a class action or other proceeding despite the absence of an express general power in the Federal Court of Australia Act 1976 (Cth) or Federal Court Rules 2011 (Cth).' 'What function and limits should apply to an assessor appointed to assist the judge.']

Ratio Decidendi

The Court was satisfied it had power to appoint an assessor under s 33ZF of the Federal Court of Australia Act 1976 (Cth), and also under s 23 and the Court's implied powers. Given the exceptional complexity of the scientific evidence concerning glyphosate, glyphosate-based formulations, Roundup products and NHL, the appointment of an assessor may considerably assist the Court, provided the assessor's role is confined to assisting the judge to understand the technical evidence and does not involve delegation of judicial power or the provision of evidence.

Court Disposition

The proceeding was adjourned for the making of orders to effect the appointment of an assessor or assessors.

Orders

  • ['The proceeding be adjourned for the making of orders to effect the appointment of an assessor or assessors.']