New South Wales Consolidated Regulations

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Admissibility of expert's report in District Court and Local Court

31.30 Admissibility of expert's report in District Court and Local Court

(cf DCR Part 28, rule 9; LCR Part 23, rule 2)

(1) This rule applies to proceedings in the District Court or the Local Court.
(2) If an expert's report is served in accordance with rule 31.28 or in accordance with an order of the court, the report is admissible--
(a) as evidence of the expert's opinion, and
(b) if the expert's direct oral evidence of a fact on which the opinion was based would be admissible, as evidence of that fact,
without further evidence, oral or otherwise.
(3) Unless the court orders otherwise--
(a) it is the responsibility of the party requiring the attendance for cross-examination of the expert by whom an expert's report has been prepared to procure that attendance, and
(b) the party requiring the expert's attendance must notify the expert at least 28 days before the date on which attendance is required.
(4) Except for the purpose of determining any liability for conduct money or witness expenses, an expert does not become the witness for the party requiring his or her attendance merely because his or her attendance at court has been procured by that party.
(5) A party who requires the attendance of a person as referred to in subrule (2)--
(a) must inform all other parties to the proceedings that the party has done so at least 28 days before the date fixed for hearing, and
(b) must pay to the person whose attendance is required (whether before or after the attendance) an amount sufficient to meet the person's reasonable expenses (including any standby fees) in complying with the requirement.
(6) If the attendance of an expert is required under subrule (2), the report may not be tendered under section 63, 64 or 69 of the Evidence Act 1995 or otherwise used unless the expert attends or is dead or the court grants leave to use it.
(7) The party using an expert's report may re-examine an expert who attends for cross-examination under a requirement under subrule (2).
(8) This rule does not apply to proceedings on a trial with a jury.

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