Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p53
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 53/100)
Character Range: 245764–248388

and
 (b) set out the procedural orders sought and the reason the orders are sought.
 (3) The expert witness must serve a copy of the request on each party and satisfy the court that the copy has been served.
 (4) The court may determine the request in chambers unless:
 (a) within 7 days after being served with the request, a party makes a written objection to the request being determined in chambers; or
 (b) the court decides that an oral hearing is necessary.

7.20  Expert witness's evidence in chief
 (1) An expert witness's evidence in chief comprises:
 (a) the expert's report; and
 (b) any changes to that report in a notice under subrule 7.18(5); and
 (c) any answers to questions under rule 7.27.
 (2) An expert witness has the same protection and immunity in relation to the contents of a report disclosed under these Rules or an order as the expert witness could claim if the contents of the report were given by the expert witness orally at a hearing or trial.

7.21  Form of expert's report
 (1) An expert's report must:
 (a) be addressed to the court and the party or parties instructing the expert witness; and
 (b) have attached to it a summary of the instructions given to the expert witness and a list of any documents relied on in preparing the report; and
 (c) be verified by an affidavit of the expert witness.
 (2) The affidavit verifying the expert's report must state the following:
  I have made all the inquiries I believe are necessary and appropriate and to my knowledge there have not been any relevant matters omitted from this report, except as otherwise specifically stated in this report.
  I believe that the facts within my knowledge that have been stated in this report are true.
  The opinions I have expressed in this report are independent and impartial.
  I have read and understand Divisions 7.1.4, 7.1.5 and 7.1.6 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 and have used my best endeavours to comply with them.
  I have complied with the requirements of the following professional codes of conduct or protocol, being [state the name of the code or protocol].
  I understand my duty to the court and I have complied with it and will continue to do so.

7.22  Contents of expert's report
 (1) An expert's report must:
 (a) state the reasons for the expert witness's conclusions; and
 (b) include a 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