Australian Capital Territory Current Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

COURT PROCEDURES RULES 2006 - REG 3928

Arbitration—service of medical reports

    (1)     Each party to an arbitration must, not later than 28 days before the hearing date for the arbitration, serve on each other party to the arbitration a copy of all medical reports then available to the party

        (a)     on which the party intends to rely at the arbitration; or

        (b)     obtained from a doctor whom the party intends to call at the arbitration.

Note     Rule 6351 (Time—extending and shortening by court order) provides for the extending of time by the court.

    (2)     If a party serves a medical report from a doctor, the party must serve every medical report from that doctor obtained by the party.

    (3)     If, after serving a medical report under subrule (1), a party obtains a further report from the same doctor, the party

        (a)     must serve the further report not later than 3 days after the day the party obtains the report; or

        (b)     must not serve the report and tell the other parties that the party does not intend to rely on the reports of that doctor already served.

    (4)     A doctor's report must not be tendered, and is not admissible, in the arbitration unless it has been served in accordance with this rule, except with—

        (a)     the court's leave; or

        (b)     the agreement of all parties to the arbitration.

Note     Pt 6.2 (Applications in proceedings) applies to an application for leave or an order under this rule.

    (5)     This rule applies subject to any order of the court.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback