- (1)
- In a case to which this Division applies:
- (a)
- the parties must arrange
for the expert witnesses to confer at least 14 days before the pre-trial
conference; and
- (b)
- each party must give to the expert witness the party has instructed a copy
of the document entitled Experts' Conferences Guidelines for
expert witnesses and those instructing them in cases in the Family Court of
Australia , the text of which is set out in Schedule 5.
- (2)
- The court may, in relation to the conference, make an order, including an
order about:
- (a)
- which expert witnesses are to attend;
- (b)
- where and when the conference is to occur;
- (c)
- which issues the expert witnesses must discuss;
- (d)
- the questions to be answered by the expert witnesses; or
(e) the documents to be given to the expert witnesses, including:
- (i)
- Part
15.5 of these Rules;
- (ii)
- relevant affidavits;
- (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;
- (b)
- if practicable, reach agreement on any outstanding issue;
- (c)
- identify the reason for disagreement on any issue;
- (d)
- identify what action (if any) may be taken to resolve any outstanding
issues; and
- (e)
- prepare a joint statement specifying the matters mentioned 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.