Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 15.46

Orders the court may make
The court may, in relation to the appointment of, instruction of, or conduct of a case involving, a single expert witness make an order, including an order:

(a)
requiring the parties to confer for the purpose of agreeing on the person to be appointed as a single expert witness;

(b)
that, if the parties cannot agree on who should be the single expert witness, the parties give the court a list stating:

(i)
the names of people who are experts on the relevant issue and have consented to being appointed as an expert witness; and
(ii)
the fee each expert will accept for preparing a report and attending court to give evidence;
(c)
appointing a single expert witness from the list prepared by the parties or in some other way;

(d)
determining any issue in dispute between the parties to ensure that clear instructions are given to the expert;

(e) that the parties:

(i)
confer for the purpose of preparing an agreed letter of instructions to the expert; and
(ii)
submit a draft letter of instructions for settling by the court;
(f)
settling the instructions to be given to the expert;

(g)
authorising and giving instructions about any inspection, test or experiment to be carried out for the purposes of the report; or

(h)
that a report not be released to a person or that access to the report be restricted.



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