(SCR o 39 r 40; MC(CJ)R s 199 (3); NSW r 31.18 (3))
Except with the court's leave or as otherwise agreed by all the active parties to a proceeding, the oral evidence in chief of an expert is not admissible unless an expert report served in accordance with rule 1241 (Service of expert reports) contains the substance of the matters sought to be adduced in evidence.
Note Pt 6.2 (Applications in proceedings) applies to an application for leave.