Australian Capital Territory Numbered Regulations

COURT PROCEDURES RULES 2006 (NO 29 OF 2006) - REG 1224

(SCR o 39 r 48)

    (1)     This rule applies to the making of the following decisions by the court:

    (a)     a decision whether to appoint an expert;

    (b)     a decision about the person to be appointed as an expert;

    (c)     a decision whether to make an order under the Wrongs Act, section 90 about payment of the costs and expenses of an appointed expert.

    (2)     The court—

    (a)     must make a decision by considering the applications and affidavits filed by the parties; and

    (b)     need not hear the parties unless satisfied that the interests of justice require the parties to be heard.

    (3)     A person appointed as an expert in relation to an issue by the court may (but need not) be a person mentioned in a list of appropriately qualified people in relation to the issue set out in an affidavit filed by a party.

    (4)     If the court proposes to make a decision to which this rule applies, it must give each of the active parties notice of the proposed decision.

    (5)     Not later than 7 days after the day a party is given notice of the proposed decision, the party may apply to the court for an order in relation to the proposed decision.

Note     Pt 6.2 (Applications in proceedings) applies to the application.

    (6)     If an application is not made under subrule (5) in relation to the proposed decision, the court must, not later than 7 days after the 7-day period mentioned in that subrule ends, make the decision and give each of the active parties notice of the making of the decision.

    (7)     The Legislation Act, part 19.3 (Appointments) does not apply to the appointment of an expert by the court.