New South Wales Consolidated Regulations New South Wales Consolidated Regulations(cf SCR Part 14C, rules 1 and 6; DCR Part 28, rule 9B)
(1) Unless the court orders otherwise, a person commencing a professional negligence claim (other than a claim against a legal practitioner) must file and serve, with the statement of claim commencing the professional negligence claim, an expert's report that includes an opinion supporting--(a) the breach of duty of care, or contractual obligation, alleged against each person sued for professional negligence, and(b) the general nature and extent of damage alleged (including death, injury or other loss or harm and prognosis, as the case may require), and(c) the causal relationship alleged between such breach of duty or obligation and the damage alleged.
(2) In the case of a professional negligence claim against a legal practitioner, the court may order the plaintiff to file and serve an expert's report or experts' reports supporting the claim.
(3) If a party fails to comply with subrule (1) or (2), the court may by order made on the application of a party or of its own motion dismiss the whole or any part of the proceedings, as may be appropriate.
(4) Without limiting subrule (1) or (2), the court may, on the application of any of the parties, give directions as to the expert evidence to be adduced at trial.
(5) Directions under subrule (4) may be sought at any directions hearing or case management conference or by notice of motion.
(6) Unless the court otherwise orders, no party may adduce any expert evidence at trial unless the evidence--(a) has been filed and served under subrule (1) or (2), or(b) has been served pursuant to directions given under subrule (4).