A solicitor's file note of a conference with an expert, recording the expert's oral opinions, is not a 'document consisting of a statement or report of an expert' under r 212(2) UCPR (Qld) and remains protected by legal professional privilege. However, privilege over such notes will be impliedly waived if the party fails to object when the expert is cross-examined about the substance of the privileged conference communications. Waiver cannot be founded merely on considerations of fairness at large, such as the absence of reference in an expert's report to earlier oral opinions given to the retaining solicitors.
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