Evidence prepared for the case

The following section of the America's Cup case web page has been set up in part to enable exchange of draft statements of evidence amongst the numerous parties to the case, and lodgement of those drafts in Court.  That has been done so as to enhance efficiency in the processing the case, and save cost for all concerned.  It is important that parties and all other persons reading those materials understand:

  • The statements are in draft only until the witnesses producing them have been sworn in during the hearing (scheduled for September 2018), and expressly confirm the accuracy of them.

  • The statements are therefore not to be described by anyone as “evidence” in the case until that time.

  • The statements might possibly change between the time of posting on the website, and the witness being sworn in at the hearing.  For instance, it can be expected that aspects of them could change as a result of professional discussions in the programmed conferences of groups of expert witnesses and mediations amongst parties.

  • The draft statements have not been read and considered by Judges and Commissioners of the Court, and will not be considered by them in any detail until the expert witness conferences facilitated by Commissioners (at which Commissioners do not themselves express opinions) and the later hearing by a 2 Judges and 3 Commissioners.

  • The draft statements will be under the case management control of the Court once exchanged.  As with statements circulated amongst parties in traditional hard copy form in other cases in the Environment Court, they are not available for analysis and discussion in the media, or social media, or otherwise than in the processing of the case by the Court in the usual way.  If in doubt, any person should seek legal advice on the concept of the “sub judice” nature of Court proceedings.