Waterdown and Emerald

In the matter of *Waterdown and Emerald*, the Supreme Court of Victoria, presided over by Justice Cronin, considered applications concerning a dispute between the parties. The precise nature of the dispute is not detailed, but the court's orders indicate it involves a matter requiring a final hearing and potentially the appointment of a single expert witness.

The central legal issues before the court revolved around the management of the proceedings and the potential for expedited resolution. Specifically, the court had to determine how to proceed with the outstanding applications and under what conditions the matter might be listed with priority. This included considering the possibility of parties agreeing on a single expert witness and the implications of such an expert's report indicating a change in circumstances.

Justice Cronin's reasoning, as reflected in the orders, suggests a pragmatic approach to case management. The court acknowledged the need for a final hearing for the outstanding applications, indicating that these matters were not yet resolved. However, the court also provided a pathway for potential prioritisation of the listing if the parties could reach an agreement on a single expert witness. The court's order for leave to apply for priority was contingent on the expert's report demonstrating a change of circumstances, implying that such a change would be a significant factor in justifying an expedited hearing.

The court ordered that all outstanding applications were to remain listed for final hearing before a judge on a date to be fixed. Furthermore, the court granted leave for one or more parties to apply for the matter to be listed with priority, but only in the event that the parties agreed upon the appointment of a single expert witness and that expert's report indicated a change of circumstances.