New South Wales Consolidated Regulations

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Fees for medical expert for compliance with subpoena

31.31 Fees for medical expert for compliance with subpoena

(cf SCR Part 36, rule 13BA)

(1) If a subpoena is served on a medical expert who is to give evidence of medical matters but is not called as a witness, the expert is, unless the court orders otherwise, entitled to be paid, in addition to any other amount payable to the expert, the amount specified in item 2 of Schedule 3.
(2) The amount payable under subrule (1) must be paid to the expert by the issuing party within 28 days after the date for the expert's attendance.
(3) A party that requires an expert's attendance under rule 31.29(2), but subsequently revokes it, must pay to the issuing party any amount paid by the issuing party under subrule (2), but otherwise such an amount is not recoverable by the issuing party from any other party unless the court so orders.
(4) In this rule,
"issuing party" means the party at whose request a subpoena is issued.

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