Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsIf 2 or more parties to a proceeding intend to call experts to give opinion evidence about a similar question, any of those parties may apply to the Court for one or more of the following orders:
(a) that the experts confer, either before or after writing their expert reports;
(b) that the experts produce to the Court a document identifying where the expert opinions agree or differ;
(c) that the expert's evidence in chief be limited to the contents of the expert's expert report;
(d) that all factual evidence relevant to any expert's opinions be adduced before the expert is called to give evidence;
(e) that on the completion of the factual evidence mentioned in paragraph (d), each expert swear an affidavit stating:
(i) whether the expert adheres to the previously expressed opinion; or
(ii) if the expert holds a different opinion;
(B) the factual evidence on which the opinion is based.
(f) that the experts give evidence one after another;
(g) that each expert be sworn at the same time and that the cross - examination and re - examination be conducted by putting to each expert in turn each question relevant to one subject or issue at a time, until the cross - examination or re - examination is completed;
(h) that each expert gives an opinion about the other expert's opinion;
(i) that the experts be cross - examined and re - examined in any particular manner or sequence.
Note 1: For the directions a Court may make before trial about expert reports and expert evidence, see rule 5.04 (items 14 to 19).
Note 2: The Court may dispense with compliance with the Rules and may make orders inconsistent with the Rules--see rules 1.34 and 1.35.
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