Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 1246

    (1)     A party to a proceeding who is served with an expert report under rule 1241 (Service of expert reports) may tender the report.

    (2)     If the expert who prepared the report is required under rule 1245 (Requiring attendance of expert for cross-examination etc) to attend the trial of the proceeding, the report may not be tendered or otherwise used in the proceeding by any party unless—

        (a)     the expert attends as required to be cross-examined on the report; or

        (b)     the expert has died; or

        (c)     the court gives leave.

Note     Pt 6.2 (Applications in proceedings) applies to an application for leave.

    (3)     If the expert is cross-examined on the report, the party using the report may re-examine the expert.