Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p56
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 56/100)
Character Range: 253048–255734

answering a question or is unable to answer a question, the single expert witness must state the reason for the objection or inability in the document containing the answers.
 (4) The single expert witness's answers:
 (a) must be:
 (i) attached to the affidavit under subrule 7.21(2); and
 (ii) sent by the single expert witness to all parties at the same time; and
 (iii) filed by the party asking the questions; and
 (b) are taken to be part of the expert's report.

7.28  Single expert witness's costs
 (1) The reasonable fees and expenses of a single expert witness incurred in relation to a conference are to be paid as follows:
 (a) if only one of the parties attends the conference—by that party; or
 (b) if more than one of the parties attends the conference—by those parties jointly.
 (2) If a single expert witness answers questions under rule 7.27, the expert witness's reasonable fees and expenses incurred in answering any questions are to be paid by the party asking the questions.
 (3) A single expert witness is not required to undertake any work in relation to a conference, or answer any questions, until the fees and expenses for that work or those answers are paid or secured.
 (4) In this rule:
attend includes attendance by electronic communication.

7.29  Application for directions
  A party may apply to the court for directions relating to a conference with a single expert witness or the asking or answering of questions under this Division.

Division 7.1.7—Evidence from 2 or more expert witnesses

7.30  Application of Division 7.1.7
  This Division applies to a proceeding in which 2 or more parties intend to tender an expert's report or adduce evidence from different expert witnesses about the same, or a similar, question.

7.31  Conference of expert witnesses
 (1) In a proceeding to which this Division applies:
 (a) the parties must arrange for the expert witnesses to confer at least 28 days before the earlier of the following:
 (i) the first day of the trial in which the experts' reports are to be relied on in evidence;
 (ii) the first day when the experts' reports are otherwise to be relied on in evidence; and
 (b) each party must give to the expert witness the party has instructed a copy of the court approved brochure entitled Experts' Conferences—Guidelines for expert witnesses and those instructing them in proceedings in the Federal Circuit and Family Court of Australia.
Note: The brochure is available on the court's website.
 (2) The court may, in relation to the conference, make an order, including an order about:
 (a) which expert witnesses are to attend; or
 (b) where and when the conference is to occur; or
 (c) which issues