Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 1203

Expert witnesses to agree to be bound by code of conduct

    (1)     If a party to a proceeding engages an expert witness, the party must give the expert witness a copy of the code of conduct as soon as practicable after the expert witness is engaged.

    (2)     An expert witness must not give oral evidence unless—

        (a)     the expert witness has acknowledged in writing, whether in a report relating to the proposed evidence or otherwise in relation to the proceeding, that the expert witness has read the code of conduct and agrees to be bound by it; and

        (b)     a copy of the acknowledgment has been served on all active parties affected by the evidence.

    (3)     If an expert report does not contain an acknowledgment by the expert witness who prepared the report that the expert witness has read the code of conduct and agrees to be bound by it, service of the expert report by the party who engaged the expert witness is not valid service.

    (4)     This rule does not apply to a doctor who has treated the plaintiff.



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