Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p47
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 47/100)
Character Range: 231383–233996

an order under subrule (1), the court may take into account any matters relevant to making the order, which may include the following (without limiting the matters which may be relevant):
 (a) the overarching purpose of these Rules (see rule 1.04) and the purpose of this Part (see rule 7.02);
 (b) whether expert evidence on a particular issue is necessary;
 (c) the nature of the issue in dispute;
 (d) whether the issue falls within a substantially established area of knowledge;
 (e) whether it is necessary for the court to have a range of opinion.
 (3) The court may appoint a person as a single expert witness only if the person consents to the appointment.
 (4) A party does not need the court's permission to tender a report or adduce evidence from a single expert witness appointed under subrule (1).

7.05  Orders the court may make
  The court may, in relation to the appointment of, instruction of, or conduct of a proceeding involving, a single expert witness make an order, including an order:
 (a) requiring the parties to confer for the purpose of agreeing on the person to be appointed as a single expert witness; or
 (b) that, if the parties cannot agree on who should be the single expert witness, the parties give the court a list stating:
 (i) the names of people who are experts on the relevant issue and have consented to being appointed as an expert witness; and
 (ii) the fee each expert will accept for preparing a report and attending court to give evidence; or
 (c) appointing a single expert witness from the list prepared by the parties or in some other way; or
 (d) determining any issue in dispute between the parties to ensure that clear instructions are given to the expert; or
 (e) that the parties:
 (i) confer for the purpose of preparing an agreed letter of instructions to the expert; and
 (ii) submit a draft letter of instructions for settling by the court; or
 (f) settling the instructions to be given to the expert; or
 (g) authorising and giving instructions about any inspection, test or experiment to be carried out for the purposes of the report; or
 (h) that a report not be released to a person or that access to the report be restricted.

7.06  Single expert witness's fees and expenses
 (1) Unless the parties agree otherwise or the court otherwise orders, the parties (but not an independent children's lawyer) are equally liable to pay a single expert witness's reasonable fees and expenses incurred in preparing a report.
Note: Rule 12.32 sets out the circumstances in which an amount paid to an expert for preparation of a report is a disbursement properly