Victorian Numbered Regulations

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Report of expert

    (1)     Unless otherwise ordered, a party who intends at trial to adduce the evidence of a person as an expert shall—

        (a)     as soon as practicable after the engagement of the expert and before the expert makes a report under this Rule, provide the expert with a copy of the code; and

        (b)     not later than 30 days before the day fixed for trial, serve on each other party, a report by the expert in accordance with paragraph (2) and deliver a copy for the use of the Court.

    (2)     The report shall state the opinion of the expert and shall state, specify or provide—

        (a)     the name and address of the expert;

        (b)     an acknowledgement that the expert has read the code and agrees to be bound by it;

        (c)     the qualifications of the expert to prepare the report;

        (d)     the facts, matters and assumptions on which the opinion is based (a letter of instructions may be annexed);

        (e)     in respect of the opinion

              (i)     the reasons for it;

              (ii)     any literature or other materials utilised in support of it; and

              (iii)     a summary of it;

        (f)     if applicable, that a particular question, issue or matter falls outside the expert's field of expertise;

        (g)     any examinations, tests or other investigations on which the expert has relied, identifying the person who carried them out and that person's qualifications;

        (h)     a declaration—

              (i)     that the expert has made all the enquiries which the expert believes are desirable and appropriate; and

              (ii)     that no matters of significance which the expert regards as relevant have, to the knowledge of the expert, been withheld from the Court;

              (i)     any qualification of an opinion expressed in the report without which the report is or may be incomplete or inaccurate;

        (j)     whether an opinion expressed in the report is not a concluded opinion because of insufficient research or insufficient data or for any other reason.

    (3)     If the expert provides to a party a supplementary report, including a report indicating that the expert has changed the expert's opinion on a material matter expressed in an earlier report—

        (a)     that party shall forthwith serve the supplementary report on all other parties; and

        (b)     in default of such service, the party and any other party having a like interest shall not use the earlier report or the supplementary report at trial without the leave of the Court.

    (4)     Any report provided by the expert pursuant to this Rule—

        (a)     shall be signed by the expert; and

        (b)     shall be accompanied by clear copies of any photographs, plans, calculations, analyses, measurements, survey reports or other extrinsic matter to which the report refers.

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