Queensland Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 1999 - REG 429S

Expert appointed by court on application

429S Expert appointed by court on application

(1) This rule applies if, before any proceeding is started, a person (the
"first person" ) believes on reasonable grounds that—
(a) there is a dispute between the first person and 1 or more other persons that will probably result in a proceeding; and
(b) obtaining expert evidence immediately may help in resolving a substantial issue in the dispute.
(2) The first person may apply to the court for the appointment of an expert to prepare a report giving an opinion on the issue.
(3) The application and the supporting material must be served on the other person or persons.
(4) The supporting material must—
(a) describe the nature of the dispute; and
(b) state the issue in dispute that expert evidence may help resolve; and
(c) indicate why the report should be obtained immediately; and
(d) name at least 3 experts who—
(i) are qualified to give expert evidence on the issue; and
(ii) have been made aware of the content of this part and consent to being appointed; and
(e) state any previous connection between an expert named and the first person.
(5) The court, on being satisfied in relation to the matters mentioned in subrule (1) (a) and (b) , may appoint an expert to give a report on the issue.
(6) The court may appoint an expert other than an expert named in the supporting material.
(7) In deciding whether to appoint an expert, the court may consider—
(a) the complexity of the issue; and
(b) the impact of the appointment on the costs of the contemplated proceeding; and
(c) the likelihood of the appointment expediting or delaying the contemplated proceeding; and
(d) the interests of justice; and
(e) any other relevant consideration.
(8) The court may give directions as to—
(a) the time in which the report is to be prepared and given to the first person; and
(b) any filing of the report.
(9) The court may make orders and give directions to facilitate the expert’s preparation of a report.
(10) Rule 428 (2) and (3) apply in relation to the report.
(11) Unless the court otherwise orders, in any proceeding started in the court between the first person and 1 or more of the other persons in which the issue is relevant, the expert appointed under this rule is to be the only expert who, in relation to those persons, may give evidence on the issue.
(12) The fees and expenses of an expert appointed under this rule, and the costs of the application, are to be borne by the first person, unless and until the court otherwise orders either on the application or in any proceeding started between the first person and 1 or more of the other persons in which the issue is relevant.
(13) The court may give directions as to the right to cross-examine an expert appointed under this rule.



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