Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p51
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 51/100)
Character Range: 240909–243561

the expert.

7.14  Mandatory disclosure of expert's report
 (1) A party who has obtained an expert's report for a parenting proceeding, whether before or after the start of the proceeding, must give each other party a copy of the report:
 (a) if the report is obtained before the proceeding starts—at least 2 days before the first court date; or
 (b) if the report is obtained after the proceeding starts—within 7 days after the party obtains the report.
 (2) The party who discloses an expert's report must disclose any supplementary report and any notice amending the report under subrule 7.18(5).
 (3) If an expert's report has been disclosed under this rule, any party may seek to tender the report as evidence.
 (4) Legal professional privilege does not apply in relation to an expert's report that must be disclosed under this rule.

7.15  Provision of information about fees
  A party who has instructed an expert witness must, if requested by another party, give each other party details of any fee or benefit received, or receivable, by or for the expert witness, for the preparation of the report and for services provided, or to be provided, by or for the expert witness in connection with the expert witness giving evidence for the party to the proceeding.

7.16  Application for provision of information
 (1) This rule applies if the court is satisfied that:
 (a) a party (the disclosing party) has access to information or a document that is not reasonably available to the other party (the requesting party); and
 (b) the provision of the information or a copy of the document is necessary to allow an expert witness to carry out the expert witness's function properly.
 (2) The requesting party may apply for an order that the disclosing party:
 (a) file and serve a document specifying the information in enough detail to allow the expert witness to properly assess its value and significance; and
 (b) give a copy of the document to the expert witness.
Note: An expert witness may request that the court make an order under this rule (see rule 7.19).

7.17  Failure to disclose report
  A party who fails to give a copy of an expert's report to another party or the independent children's lawyer (if any) must not use the report or call the expert witness to give evidence at a hearing or trial, unless the other party and the independent children's lawyer (if any) consent to the report being used or the expert witness being called, or the court orders otherwise.

Division 7.1.5—Expert witness's duties and rights

7.18  Expert witness's duty to the court
 (1) An expert witness has a duty to assist the court with matters that are