Kenny v Catholic Diocese Of Maitland-Newcastle [2020] NSWDC 481 (on Caselaw) saw the Court called upon to consider an application by the defendant to have the plaintiff submit to neuropsychological examination and some logistical issues because of COVID-19 border restrictions.
At [19] – [20] the Court said:
The upshot of this is that the plaintiff, if she is to attend an examination in Sydney, will have to be in quarantine upon her return to Adelaide; and if Dr Roberts is required to examine the plaintiff in Adelaide, she too will be required to be quarantined upon arrival to Adelaide. It appears that Dr Roberts is unwilling to undergo such requirement.
In this unhappy situation forced upon the parties (and indirectly the Court), in my view the burden should fall upon the applicant (defendant). That is, whilst respecting its autonomy to have an expert of its choice, it might have to wear the time and expense. This is particularly so if, as appears the case, there are alternatively qualified professionals in Adelaide who would not be subject to the quarantine restrictions.