Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 1205

Court may give directions in relation to expert evidence

    (1)     The court may, on its own initiative or on a party's application, give 1 or more of the following directions in relation to expert evidence:

        (a)     a direction about the time for service of an expert report;

        (b)     a direction that expert evidence

              (i)     may not be adduced on an issue; or

              (ii)     may not be adduced on an issue without the leave of the court; or

              (iii)     may be adduced only in relation to a stated issue;

        (c)     a direction limiting the number of expert witnesses who may be called to give evidence on an issue;

        (d)     a direction providing for the appointment and instruction of 1 expert witness for the parties in relation to a stated issue;

        (e)     a direction providing for the appointment and instruction of a court-appointed expert witness in relation to a stated issue;

        (f)     a direction requiring an expert witness who has prepared 2 or more expert reports in relation to a proceeding to prepare a single report that reflects the witness's evidence in chief;

        (g)     any other direction in relation to expert evidence that the court considers appropriate.

    (2)     If the court gives a direction under subrule (1) (e), it may also give a direction about the payment of costs, including—

        (a)     the remuneration of the court-appointed expert witness; and

        (b)     by which party or parties, and in what proportion, the remuneration is to be paid.

    (3)     The court may—

        (a)     order a party to give security for the remuneration of the court-appointed expert witness; and

        (b)     order a stay of the proceeding until the security is given.



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