Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p25
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 25/154)
Character Range: 275558–278251

order under paragraph (1)(b), the expert's remuneration is payable jointly and severally by the parties.

23.02  Court expert's report
 (1) The Court expert must provide the report to the Court within the time fixed by the Court.
Note: A Registrar will provide a copy of the report to any party interested in the question.
 (2) The Court expert's report must:
 (a) be signed by the Court expert; and
 (b) contain particulars of the training, study or experience by which the Court expert has acquired specialised knowledge; and
 (c) identify the questions that the Court expert was asked to address; and
 (d) set out separately each of the factual findings or assumptions on which the Court expert's opinion is based; and
 (e) set out separately from the factual findings or assumptions each of the Court expert's opinions; and
 (f) set out the reasons for those opinions; and
 (g) contain an acknowledgement that the opinions are based wholly or substantially on the specialised knowledge mentioned in paragraph (b).

23.03  Court expert's report—use at trial
 (1) A report that complies with rule 23.02 will be admissible at trial as the evidence of the Court expert.
Note: Section 177 of the Evidence Act 1995 deals with the tender of an expert's report.
 (2) A party may apply to the Court for an order:
 (a) to cross‑examine a Court expert before or at trial; and
 (b) if the cross‑examination is to take place before trial—that the cross‑examination take place before a Registrar or an examiner.
Note: Examiner is defined in the Dictionary.

23.04  Other expert's reports on the question
  A party who has delivered to another party interested in the question a copy of another expert's report that complies with Division 23.2 may apply to the Court for leave to adduce the evidence of the other expert on the question.
Note: The question is referred to in rule 23.02.
Rules 23.05–23.10 left blank

Division 23.2—Parties' expert witnesses and expert reports

23.11  Calling expert evidence at trial
  A party may call an expert to give expert evidence at a trial only if the party has:
 (a) delivered an expert report that complies with rule 23.13 to all other parties; and
 (b) otherwise complied with this Division.
Note: Expert and expert report are defined in the Dictionary.

23.12  Provision of guidelines to an expert
  If a party intends to retain an expert to give an expert report or to give expert evidence, the party must first give 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