Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p49
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 49/100)
Character Range: 236098–238806

the expert witness is required to attend.
 (2) The court may limit the nature and length of cross‑examination of a single expert witness.
 (3) Unless the court otherwise orders, a party who requires a single expert witness to attend court for cross‑examination must pay the reasonable fees and expenses of the single expert witness's attendance.
Note: Rule 12.31 sets out the circumstances in which an amount paid for attendance by an expert at a hearing is a disbursement properly incurred in a proceeding.

Division 7.1.3—Permission for expert's evidence

7.10  Permission for expert's reports and evidence
 (1) A party must apply for the court's permission to tender a report or adduce evidence at a hearing or trial from an expert witness, other than a single expert witness.
 (2) An independent children's lawyer may tender a report or adduce evidence at a hearing or trial from one expert witness on an issue without the court's permission.

7.11  Application for permission for expert witness
 (1) A party may seek permission to tender a report or adduce evidence from an expert witness by filing an Application in a Proceeding.
 (2) The affidavit filed with the application must state the following:
 (a) whether the party has attempted to agree on the appointment of a single expert witness with the other party and, if not, why not;
 (b) the name of the expert witness;
 (c) the issue about which the expert witness's evidence is to be given;
 (d) the reason the expert evidence is necessary in relation to that issue;
 (e) the field in which the expert witness is expert;
 (f) the expert witness's training, study or experience that qualifies the expert witness as having specialised knowledge on the issue;
 (g) whether there is any previous connection between the expert witness and the party.
 (3) When considering whether to permit a party to tender a report or adduce evidence from an expert witness, the court may take into account the following:
 (a) the purpose of this Part (see rule 7.02);
 (b) the impact of the appointment of an expert witness on the costs of the proceeding;
 (c) the likelihood of the appointment expediting or delaying the proceeding;
 (d) the complexity of the issues in the proceeding;
 (e) whether the evidence should be given by a single expert witness rather than an expert witness appointed by one party only;
 (f) whether the expert witness has specialised knowledge, based on the person's training, study or experience:
 (i) relevant to the issue on which evidence is to be given; and
 (ii) appropriate to the value, complexity and importance of the proceeding.
 (4) If the court grants a party permission to tender a report or adduce evidence from an expert