Queensland Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 1999 - REG 429H

Expert appointed by parties

429H Expert appointed by parties

(1) An expert may be appointed under rule 429G (1) only if—
(a) the parties appointing the expert agree in writing on the following matters—
(i) the issue in the proceeding the expert evidence may help resolve;
(ii) the identity of the expert;
(iii) when the report must be prepared by the expert and given to the parties to the agreement;
(iv) liability for fees and expenses payable to the expert; and
(b) the expert has been made aware of the content of this part and consents to the appointment.
(2) A copy of the agreement must be—
(a) signed by each party to the agreement; and
(b) filed in the court; and
(c) after being filed in the court, immediately served on any other party to the proceeding who is not a party to the agreement.
(3) The parties to the agreement must give the expert a statement of facts, agreed to by the parties to the agreement, on which to base the report.
(4) However, if the parties to the agreement do not agree on a statement of facts, then—
(a) unless the court directs otherwise, each of the parties to the agreement must give the expert a statement of facts on which to base the report; and
(b) the court may give directions about the form and content of the statement of facts to be given to the expert.
(5) The report is taken to be disclosed for this part if—
(a) a copy of the report is given to each party to the agreement; and
(b) within 14 days after the day by which all parties to the agreement have received a copy of the report, each party to the proceeding who is not a party to the agreement is given a copy of the report.
(6) Unless the court otherwise orders, the expert is the only expert who, in relation to the parties to the agreement, may give evidence in the proceeding on the issue.
(7) Unless the court otherwise orders, each party to the proceeding has the right to cross-examine the expert.



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