Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p54
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 54/100)
Character Range: 248139–250866

statement about the methodology used in the production of the report; and
 (c) include the material referred to in subrule (2) in support of the expert witness's conclusions.
 (2) For the purposes of paragraph (1)(c), an expert's report must include the following in support of the expert witness's conclusions:
 (a) the expert witness's qualifications;
 (b) the literature or other material used in making the report;
 (c) the relevant facts, matters and assumptions on which the opinions in the report are based;
 (d) a statement about the facts in the report that are within the expert witness's knowledge;
 (e) details about any tests, experiments, examinations or investigations relied on by the expert witness and, if they were carried out by another person, details of that person's qualifications and experience;
 (f) if there is a range of opinion on the matters dealt with in the report—a summary of the range of opinion and the basis for the expert witness's opinion;
 (g) a summary of the conclusions reached;
 (h) if necessary, a disclosure that:
 (i) a particular question or issue falls outside the expert witness's expertise; or
 (ii) the report may be incomplete or inaccurate without some qualification and the details of any qualification; or
 (iii) the expert witness's opinion is not a concluded opinion because further research or data is required or because of any other reason.

7.23  Consequences of non‑compliance
  If an expert witness does not comply with these Rules, the court may do any of the following:
 (a) order the expert witness to attend court;
 (b) refuse to allow the expert's report or any answers to questions to be relied on;
 (c) allow the report to be relied on but take the non‑compliance into account when considering the weight to be given to the expert witness's evidence;
 (d) take the non‑compliance into account when making orders for:
 (i) an extension or abridgment of a time limit; or
 (ii) a stay of the proceeding; or
 (iii) interest payable on a sum ordered to be paid; or
 (iv) costs.
Note: For the court's power to order costs, see subsection 117(2) of the Family Law Act.

Division 7.1.6—Clarification of single expert witness reports

7.24  Purpose of Division 7.1.6
 (1) The purpose of this Division is to provide ways of clarifying a report prepared by a single expert witness.
 (2) Clarification about a report may be obtained at a conference under rule 7.25 or by means of questions under rule 7.26.

7.25  Conference
 (1) Within 21 days after receiving the report of a single expert witness, the parties may enter into a written agreement about conferring with the expert witness for the purpose of clarifying the report.
 (2) The agreement may provide for the