Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p50
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 50/100)
Character Range: 238582–241146

to the issue on which evidence is to be given; and
 (ii) appropriate to the value, complexity and importance of the proceeding.
 (4) If the court grants a party permission to tender a report or adduce evidence from an expert witness, the permission is limited to the expert witness named, and the field of expertise stated, in the order.
Note: Despite an order under this rule, a party is not entitled to adduce evidence from an expert witness if the expert's report has not been disclosed or a copy has not been given to the other party (see rule 7.17).

Division 7.1.4—Instructions and disclosure of expert's report

7.12  Application of Division 7.1.4
  This Division does not apply to a market appraisal or an opinion as to value in relation to property obtained by a party for the purposes of a procedural hearing or conference.

7.13  Instructions to expert witness
 (1) This rule applies to any expert witness, whether a single expert witness or an expert witness engaged by only one party or some parties.
 (2) A party who instructs an expert witness to give an opinion for a proceeding or an anticipated proceeding must:
 (a) ensure the expert witness has a copy of the most recent version of, and has read, Divisions 7.1.4, 7.1.5 and 7.1.6 of these Rules; and
 (b) obtain a written report from the expert witness.
 (3) All instructions to an expert witness must be in writing and must include:
 (a) a request for a written report; and
 (b) advice that the report may be used in an anticipated or actual proceeding; and
 (c) the issues about which the opinion is sought; and
 (d) a description of any matter to be investigated, or any experiment to be undertaken or issue to be reported on; and
 (e) full and frank disclosure of information and documents that will help the expert witness to perform the expert witness's function.
 (4) If a single expert witness is appointed, the parties must give the expert an agreed statement of facts on which to base the report.
 (5) However, if a single expert witness is appointed and the parties do not agree on a statement of facts:
 (a) unless the court directs otherwise, each of the parties must give to the expert a statement of facts on which to base the report; and
 (b) the court may give directions about the form and content of the statement of facts to be given to 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: