Document ID: chunk:federal_register_of_legislation:F2023C00085:front:0:p41
Version: federal_register_of_legislation:F2023C00085
Segment Type: other
Provision Reference: 
Character Range: 97665–100200

aspects of an expert's duties, the key points in the note are:
(a) an expert witness has a duty to assist the Court on matters relevant to the expert's area of expertise;
(b) an expert witness is not an advocate for a party;
(c) the overriding duty of an expert witness is to the Court and not to the person retaining the expert;
(d) if expert witnesses confer at the direction of the Court, it would be improper for an expert to be given or to accept instructions not to reach agreement.

15.07  Expert evidence for 2 or more parties
 (1) This rule applies if 2 or more parties to a proceeding call expert witnesses to give opinion evidence about the same, or a similar, question.
 (2) The Court may give any direction that it thinks fit in relation to:
 (a) the preparation by the expert witnesses (in conference or otherwise) of a joint statement of how their opinions on the question agree and differ; or
 (b) the giving by an expert witness of an oral or written statement of:
 (i) the expert witness's opinion on the question; or
 (ii) the expert witness's opinion on the opinion of another expert on the question; or
 (iii) whether in the light of factual evidence led at trial, the expert witness adheres to, or wishes to modify, any opinion earlier given; or
 (c) the order in which the expert witnesses are to be sworn, are to give evidence, are to be cross‑examined or are to be re‑examined; or
 (d) the position of witnesses in the courtroom (not necessarily in the witness box).
Example: The Court may direct that the expert witnesses be sworn one immediately after another, and that they give evidence after all or certain factual evidence has been led, or after each party's case is closed (subject only to hearing the evidence of expert witnesses) in relation to the question.

15.08  Court expert
 (1) The Court may, at the request of a party or on its own initiative:
 (a) appoint an expert as court expert to inquire into and report on a question arising in the proceeding; and
 (b) give directions about an experiment or test for the purposes of the inquiry or report; and
 (c) give further directions, including to extend or supplement the inquiry or report.
 (2) If possible, the court expert should be a person agreed on between the parties.

15.09  Report of court expert
 (1) The court expert must give the report to the Registrar together with the number of copies the Registrar directs.
 (2) The Registrar must send a copy of the report to each party.
 (3) The Court may:
 (a) receive the report in evidence;