Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p27
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 27/154)
Character Range: 280508–283205

(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 re‑examination is completed;
 (h) that each expert gives an opinion about the other expert's opinion;
 (i) that the experts be cross‑examined and re‑examined in any particular manner or sequence.
Note 1: For the directions a Court may make before trial about expert reports and expert evidence, see rule 5.04 (items 14 to 19).
Note 2: The Court may dispense with compliance with the Rules and may make orders inconsistent with the Rules—see rules 1.34 and 1.35.
Rules 23.16–23.20 left blank

Division 23.3—Examinations by a medical expert

23.21  Examinations by a medical expert

Application of this rule
 (1) This rule applies to a proceeding if:
 (a) a person's (the relevant person's) physical or mental condition is relevant to a matter in question; and
 (b) the relevant person is a party or a person for whose benefit a party is claiming relief.

Party may request medical examination
 (2) A notice requesting the relevant person to submit to an examination by a specified medical expert at a specified time and place may be served on the party referred to in paragraph (1)(b) by another party to the proceeding.
 (3) The relevant person may have a medical expert of their choice attend the examination.
 (4) A party who serves a notice under subrule (2) must, on request by the relevant person, pay to the relevant person a reasonable sum to meet the travel and other expenses incurred by the relevant person in connection with the examination, including the expenses of having a medical expert chosen by the relevant person attend the examination in accordance with subrule (3).
 (5) The party who serves a notice under subrule (2) must, as soon as reasonably practicable after the examination:
 (a) obtain a medical report from the medical expert referred to in that subrule; and
 (b) serve a copy of that report on the relevant person.

Court may order medical examination
 (6) The Court may:
 (a) order the relevant person to submit to an examination by a medical expert (including an order that the relevant person submit to an examination by a specified medical expert at a specified time and place); and
 (b) make any other order the Court considers appropriate in relation to the examination.
 (7) If the Court makes an order under subrule (6) requiring the relevant person to submit to an examination by a medical expert, the relevant person must do all things reasonably requested, and answer all questions reasonably asked, by the medical expert