Queensland Consolidated Regulations Queensland Consolidated Regulations
(1) The purpose of this code of conduct is—(a) to state an expert’s obligations under the following provisions of chapter 11 , part 5 —(i) rule 429A ;(ii) rule 429B (1) , (2) , (5) and (6) ;(iii) rule 429F ;(iv) rule 429H ;(v) rule 429K (1) and (2) ; and(b) otherwise to state an expert’s obligations in relation to an order made, or a direction given, by the court.
(2) In this code of conduct, the information included in square brackets after a rule heading is a reference to the comparable rule under chapter 11 , part 5 .
(3) The brackets and information do not form part of these rules.
(1) This code of conduct applies to an expert who is appointed to give opinion evidence, whether orally or in a report, in a proceeding.Note—Rule 429F requires the expert to comply with the requirements under this code of conduct.
(2) In a provision of this code of conduct that refers to a direction given under rule 428 requiring 2 or more experts to hold a conference and prepare a joint report, a reference to a joint report is a reference to a report about the conference that states—(a) the matters, if any, on which the experts agree; and(b) the matters, if any, on which the experts disagree and the reasons for any disagreement.
(1) An expert must comply with an order made, or a direction given, by the court.
(2) Without limiting subrule (1) , if the court gives a direction under rule 428 requiring 2 or more experts to hold a conference and prepare a joint report, the experts must hold the conference, and prepare the joint report, in compliance with the direction.
This part applies if the court gives a direction under rule 428 requiring 2 or more experts to hold a conference and prepare a joint report.
(1) In holding the conference and preparing the joint report, the experts—(a) must exercise independent judgement; and(b) must endeavour to reach an agreement on any matter on which they disagree; and(c) must not act on any instruction or request to withhold or avoid reaching an agreement.
(2) Unless the court directs otherwise, the experts must—(a) hold the conference in the absence of the parties or their agents; and(b) prepare the joint report without reference to, or instructions from, the parties or their agents.
(3) The experts must give the joint report to the parties—(a) if the court has given a direction about the period within which the report is to be given—as directed by the court; or(b) otherwise—as soon as practicable after the conference has concluded.
(4) This rule is subject to rule 6 .
(1) Any of the experts may, in writing—(a) ask the parties for information that may assist the proper and timely conduct or conclusion of the conference or preparation of the joint report; or(b) inform the parties of any matter adversely affecting the proper and timely conduct or conclusion of the conference or preparation of the joint report.
(2) A communication mentioned in subrule (1) must—(a) be made jointly to all of the parties; and(b) state—(i) whether or not all of the experts agree on the terms of the communication; and(ii) if all of the experts do not agree on the terms of the communication—the matters on which the experts disagree.
(3) The experts must, within 2 business days after a request is made under rule 429B (4) , give a progress report about the progress of the conference or the joint report.
(4) The progress report must state—(a) whether or not all of the experts agree on the terms of the report; and(b) if all of the experts do not agree on the terms of the report—the matters on which the experts disagree.
(1) The expert has a duty to assist the court.
(2) The expert—(a) is not an advocate for a party to the proceeding; and(b) must not accept instructions from any person to adopt or reject a particular opinion.
(3) The expert’s duties under this rule override any obligation the expert may have to—(a) any party to the proceeding; or(b) any person who is liable for the expert’s fees or expenses.
(1) A report prepared by the expert must be addressed to the court and signed by the expert.
(2) The report must include the following information—(a) the expert’s qualifications;(b) all material facts, whether written or oral, on which the report is based;(c) the expert’s reasons for each opinion expressed in the report;(d) references to any literature or other material relied on by the expert to prepare the report;(e) for any inspection, examination or experiment conducted, initiated, or relied on by the expert to prepare the report—(i) a description of what was done; and(ii) whether the inspection, examination or experiment was done by the expert or under the expert’s supervision; and(iii) the name and qualifications of any other person involved; and(iv) the result;(f) if there is a range of opinion on matters dealt with in the report—a summary of the range of opinion, and the reasons why the expert adopted a particular opinion;(g) if the expert believes the report may be incomplete or inaccurate without a qualification—the qualification;(h) a summary of the conclusions reached by the expert;(i) a statement about whether access to any readily ascertainable additional facts would assist the expert in reaching a more reliable conclusion.
(3) If the expert believes an opinion expressed in the report is not a concluded opinion, the report must state, where the opinion is expressed, the reason for the expert’s belief.Examples of reasons why an expert may believe an opinion is not a concluded opinion—• insufficient research• insufficient data
(4) The expert must confirm in the report that—(a) the expert has read, and agrees to be bound by, the code of conduct; and(b) the factual matters stated in the report are, as far as the expert knows, true; and(c) the expert has made all inquiries considered appropriate; and(d) the opinions stated in the report are genuinely held by the expert; and(e) the report contains reference to all matters the expert considers significant; and(f) the expert understands the expert’s duty to the court and has complied with the duty.
(1) Subrule (2) applies if the expert changes, in a material way, an opinion in a report prepared by the expert under chapter 11 , part 5 (an
"earlier report" ).
(2) Unless the expert knows the proceeding has ended, the expert must, as soon as practicable after the change of opinion, give written notice of the change of opinion, and the reason for the change, to—(a) if the expert is a court-appointed expert—the registrar; or(b) otherwise—the party who appointed the expert.