Neil Foster has helpfully drawn attention to a decision of Justice Lee, to to appoint an “assessor” to help him understand complex scientific evidence in a case which must decide whether Roundup products are carcinogenic, such that exposure to Roundup products increases the risk of developing personal injury, relevantly, Non-Hodgkin Lymphoma.
McNickle v Huntsman Chemical Company Australia Pty Ltd (Assessors) [2021] FCA 780 is available on the Federal Court website.
The judgment addresses the power to appoint an assessor and the functions of an assessor.
At [39] the Court said:
I do not propose to make formal orders today as to the appointment of an assessor or assessors. The parties have conferred and have provided me with a list of eight proposed assessors, all of whom, from a review of the material, are persons of eminence and could be appropriate assessors. An objection has been raised by the applicant to the appointment of one assessor because of some prior association and although I do not think there is any real basis for doubting the ability of that nominee to perform the role, given the raft of other highly suitable appointees, it is best for me to direct my attention to those assessors that, as between the parties, excite no controversy.