Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 15.41

Application of Part 15.5

             (1)  This Part (other than rule 15.55) does not apply to any of the following:

                     (a)  evidence from a medical practitioner or other person who has provided, or is providing, treatment for a party or child if the evidence relates only to any or all of the following:

                              (i)  the results of an examination, investigation or observation made;

                             (ii)  a description of any treatment carried out or recommended;

                            (iii)  expressions of opinion limited to the reasons for carrying out or recommending treatment and the consequences of the treatment, including a prognosis;

                     (b)  evidence from an expert who has been retained for a purpose other than the giving of advice or evidence, or the preparation of a report for a case or anticipated case, being evidence:

                              (i)  about that expert's involvement with a party, child or subject matter of a case; and

                             (ii)  describing the reasons for the expert's involvement and the results of that involvement;

                     (c)  evidence from an expert who has been associated, involved or had contact with a party, child or subject matter of a case for a purpose other than the giving of advice or evidence, or the preparation of a report for a case or anticipated case, being evidence about that expert's association, involvement or contact with that party, child or subject matter;

                     (d)  evidence from family consultant employed by a Family Court (including evidence from a person appointed under regulation 8 of the Regulations).

Example:    An example of evidence excluded from the requirements of this Part (other than rule 15.55) is evidence from a treating doctor or a teacher in relation to the doctor's or teacher's involvement with a party or child.

             (2)  Nothing in this Part prevents an independent children's lawyer communicating with a single expert witness.



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