Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p26
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 26/154)
Character Range: 278009–280740

the expert any practice note dealing with guidelines for expert witnesses in proceedings in the Court (the Practice Note).
Note: A copy of any practice notes may be obtained from the District Registry or downloaded from the Court's website at http://www.fedcourt.gov.au.

23.13  Contents of an expert report
 (1) An expert report must:
 (a) be signed by the expert who prepared the report; and
 (b) contain an acknowledgement at the beginning of the report that the expert has read, understood and complied with the Practice Note; and
 (c) contain particulars of the training, study or experience by which the expert has acquired specialised knowledge; and
 (d) identify the questions that the expert was asked to address; and
 (e) set out separately each of the factual findings or assumptions on which the expert's opinion is based; and
 (f) set out separately from the factual findings or assumptions each of the expert's opinions; and
 (g) set out the reasons for each of the expert's opinions; and
 (ga) contain an acknowledgement that the expert's opinions are based wholly or substantially on the specialised knowledge mentioned in paragraph (c); and
 (h) comply with the Practice Note.
 (2) Any subsequent expert report of the same expert on the same question need not contain the information in paragraphs (1)(b) and (c).

23.14  Application for expert report
  A party may apply to the Court for an order that another party provide copies of that other party's expert report.

23.15  Evidence of experts
  If 2 or more parties to a proceeding intend to call experts to give opinion evidence about a similar question, any of those parties may apply to the Court for one or more of the following orders:
 (a) that the experts confer, either before or after writing their expert reports;
 (b) that the experts produce to the Court a document identifying where the expert opinions agree or differ;
 (c) that the expert's evidence in chief be limited to the contents of the expert's expert report;
 (d) that all factual evidence relevant to any expert's opinions be adduced before the expert is called to give evidence;
 (e) that on the completion of the factual evidence mentioned in paragraph (d), each expert swear an affidavit stating:
 (i) whether the expert adheres to the previously expressed opinion; or
 (ii) if the expert holds a different opinion;
 (A) the opinion; and
 (B) the factual evidence on which the opinion is based.
 (f) that the experts give evidence one after another;
 (g) that each expert be sworn at the same time and that the cross‑examination and re‑examination be conducted by putting to each expert in turn each question relevant to one subject or issue at a time, until the cross‑examination or