In this episode of P.I. Case Note, Michelle Wright examines the Queensland Supreme Court’s decision in Martin v Toowoomba Regional Council [2025] QSC 197, which addresses when courts will permit late expert evidence in personal injury cases despite clear breaches of disclosure deadlines. The case involved Miss Martin, who fell on a council-maintained curb ramp in September 2020, and the Council’s application to tender engineering expert evidence over two years after pleadings closed—well beyond the 120-day deadline mandated by Rule 429I of the Uniform Civil Procedure Rules 1999 (Qld).
The Court’s analysis reveals the tension between procedural compliance and the overriding obligation to ensure fair trials when considering late expert evidence in personal injury applications. Despite pleadings closing in February 2023 and case management orders requiring disclosure by October 2024, the Council didn’t raise the need for engineering evidence until May 2025—prompting Miss Martin to argue the delay was deliberate and would sanction gross breach of the UCPR. However, the Court found no deliberate decision by the Council and determined that the overriding requirement for a fair trial outweighed the procedural breach. Critically, the Court noted that both parties had consented to orders contemplating further expert material, suggesting some acceptance that additional evidence would be forthcoming. This decision demonstrates that while courts take disclosure deadlines seriously, the fundamental requirement for fair trials—where both sides can present their case fully—may justify accepting late expert evidence in personal injury cases, particularly when delay can be ameliorated through case management directions.
Listen for Michelle Wright’s comprehensive analysis of this important procedural decision and its implications for expert evidence timing. If you’re pursuing a personal injury claim and facing issues with expert evidence disclosure—whether your own or your opponent’s—the experienced team at Accident Legal understands these complex procedural requirements. With over 30 years of experience across Queensland, we know how to comply with strict disclosure deadlines while also understanding when courts may grant leave for late expert evidence. Contact us for a free consultation on (07) 3740 0200—we’ll ensure your case has the expert evidence needed for trial while navigating the procedural requirements that can make or break your claim.