Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 15.60

Expert witness's right to seek orders
(1)
A single expert witness may, by written request to the court, seek a procedural order to assist in carrying out the expert witness's function.

Note
The written request may be by letter and may, for example:

(a) ask for clarification of instructions;
(b) relate to the questions mentioned in Division 15.5.6; or
(c) relate to a dispute about fees.
(2) The request must:

(a)
comply with subrule 24.01 (1); and

(b)
set out the procedural orders sought and the reason the orders are sought.

(3)
The expert witness must serve a copy of the request on each party and satisfy the court that the copy has been served.

(4)
The court may determine the request in chambers unless:

(a)
within 7 days of being served with the request, a party makes a written objection to the request being determined in chambers; or

(b)
the court decides that an oral hearing is necessary.



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