In Traderight (NSW) Pty Ltd v Bank of Queensland Limited (No 14) [2013] NSWSC 211, Ball J observed that solicitors have a ‘duty’ to ensure that expert reports are in admissible form. This contrasts with the (unduly) conservative view that privilege in every piece of communication is necessarily waived by the service of the expert report.
See also New Cap Reinsurance Corporation Ltd (in liq) v Renaissance Reinsurance Ltd [2007] NSWSC 258.