Australian Capital Territory Numbered Regulations

COURT PROCEDURES RULES 2006 (NO 29 OF 2006) - REG 1226

(SCR o 39 r 49A)

    (1)     An appointed expert may write to the registrar seeking directions in relation to the expert medical evidence the expert is to give.

Example

letter requesting directions about whether the plaintiff should be physically examined

Note     An example is part of these rules, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (2)     The registrar must give a copy of the letter seeking directions to each active party at least 7 days before the day the letter is placed before a judicial officer of the court.

    (3)     A party to the proceeding may file written submissions about the directions sought not later than 7 days after the day the party is given a copy of the letter.

    (4)     The court—

    (a)     may set a date for a directions hearing to consider the directions sought by the appointed expert; but

    (b)     if the parties cannot agree on the directions to be given to the expert—must set a date for a directions hearing to consider the directions sought by the appointed expert.

    (5)     The registrar must tell the active parties any date set for a directions hearing.

    (6)     After considering any submissions made by the parties, the court may give the appointed expert directions it considers appropriate.