Commonwealth Numbered Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 7.31

             (1)  In a proceeding to which this Division applies:

                     (a)  the parties must arrange for the expert witnesses to confer at least 28 days before the earlier of the following:

                              (i)  the first day of the trial in which the experts' reports are to be relied on in evidence;

                             (ii)  the first day when the experts' reports are otherwise to be relied on in evidence; and

                     (b)  each party must give to the expert witness the party has instructed a copy of the court approved brochure entitled Experts' Conferences--Guidelines for expert witnesses and those instructing them in proceedings in the Federal Circuit and Family Court of Australia.

Note:          The brochure is available on the court's website.

             (2)  The court may, in relation to the conference, make an order, including an order about:

                     (a)  which expert witnesses are to attend; or

                     (b)  where and when the conference is to occur; or

                     (c)  which issues the expert witnesses must discuss; or

                     (d)  the questions to be answered by the expert witnesses; or

                     (e)  the documents to be given to the expert witnesses, including:

                              (i)  a copy of Divisions 7.1.4, 7.1.5 and 7.1.6 of these Rules; and

                             (ii)  relevant affidavits; and

                            (iii)  a joint statement of the assumptions to be relied on by the expert witnesses during the conference, including any competing assumptions; and

                            (iv)  all expert's reports already disclosed by the parties.

             (3)  At the conference, the expert witnesses must:

                     (a)  identify the issues that are agreed and not agreed; and

                     (b)  if practicable, reach agreement on any outstanding issue; and

                     (c)  identify the reason for disagreement on any issue; and

                     (d)  identify what action (if any) may be taken to resolve any outstanding issues; and

                     (e)  prepare a joint statement specifying the matters referred to in paragraphs (a) to (d) and deliver a copy of the statement to each party.

             (4)  If the expert witnesses reach agreement on an issue, the agreement does not bind the parties unless the parties expressly agree to be bound by it.

             (5)  The joint statement may be tendered as evidence of matters agreed on and to identify the issues on which evidence will be called.