Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 23.15

Evidence of experts

                If 2 or more parties to a proceeding intend to call experts to give opinion evidence about a similar question, any of those parties may apply to the Court for one or more of the following orders:

                (a)    that the experts confer, either before or after writing their expert reports;

               (b)    that the experts produce to the Court a document identifying where the expert opinions agree or differ;

                (c)    that the expert's evidence in chief be limited to the contents of the expert's expert report;

               (d)    that all factual evidence relevant to any expert's opinions be adduced before the expert is called to give evidence;

                (e)    that on the completion of the factual evidence mentioned in paragraph (d), each expert swear an affidavit stating:

                          (i)    whether the expert adheres to the previously expressed opinion; or

                         (ii)    if the expert holds a different opinion;

                                   (A)     the opinion; and

                                   (B)     the factual evidence on which the opinion is based.

                (f)    that the experts give evidence one after another;

               (g)    that each expert be sworn at the same time and that the cross-examination and re-examination be conducted by putting to each expert in turn each question relevant to one subject or issue at a time, until the cross-examination or re-examination is completed;

               (h)    that each expert gives an opinion about the other expert's opinion;

                (i)    that the experts be cross-examined and re-examined in any particular manner or sequence.

Note 1    For the directions a Court may make before trial about, expert reports and expert evidence, see rule 5.04 (items 14 to 18).

Note 2    The Court may dispense with compliance with the Rules and may make orders inconsistent with the Rules -- see rules 1.34 and 1.35.

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