When assessing prejudice to a defendant on a pre-trial application under r 1205 of the Court Procedures Rules 2006 (ACT), the court should assume the trial judge will not admit the evidence at trial under r 1422. A party that decides to brief an expert after the court-imposed deadline for filing expert evidence has passed must immediately advise the opponent and seek amendment of the court's directions. The late briefing of senior counsel is not an adequate explanation for delay in filing expert evidence.
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