KF By Her Tutor RF v Sydney Children's Hospital Specialty Network (known as the Children's Hospital Westmead)

In the matter of KF By Her Tutor RF versus the Sydney Children's Hospital Specialty Network, the dispute concerns a medical negligence claim involving the care provided to the minor plaintiff, KF, by the defendants. The case was before the Supreme Court of New South Wales, where the plaintiff sought leave to discuss issues of breach of duty with her experts prior to a reconvened meeting and the provision of a final joint report.

The central legal issue was whether the plaintiff's legal representatives should be granted leave to discuss breach issues with the plaintiff's experts before the reconvened meeting, and if this would facilitate the provision of a final joint report. The court had to balance various discretionary factors, including the interests of justice, the potential for cost savings, and the preservation of the integrity of the judicial process.

The court held that, while it was in the interests of justice to encourage settlement and cooperation, the leave sought was not warranted in this instance. The court emphasised the importance of maintaining the independence and impartiality of experts and the potential for prejudice that could arise if experts were to discuss issues of breach before a reconvened meeting. The application was therefore refused, and the reconvened breach of duty experts' conference proceeded as scheduled without the requested discussions.