Merton and the Hot Tub: Scientific Conventions and Expert Evidence in Australian Civil Procedure

Recently in Australia, common-law judges began to modify the way expert evidence is prepared and presented. Judges from a range of civil jurisdictions have conscientiously sought to reduce expert partisanship and the extent of expert disagreement in an attempt to enhance procedural efficiency and improve access to justice. One of these reforms, concurrent evidence, enables expert witnesses to participate in a joint session with considerable testimonial latitude. This represents a shift away from an adversarial approach and a conscientious attempt to foster scientific values and norms.

Here, Edmond describes how changes to Australian civil procedure, motivated by judicial concerns about the prevalence of partisanship among expert witnesses, may have been enfeebled because they were based upon enduring scientific conventions such as the "ethos of science."