New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 31.37

31.37 Selection and engagement

(1) If an issue for an expert arises in any proceedings, the court may, at any stage of the proceedings, order that an expert be engaged jointly by the parties affected.

(2) A parties' single expert is to be selected by agreement between the parties affected or, failing agreement, by, or in accordance with the directions of, the court.

(3) A person may not be engaged as a parties' single expert unless he or she consents to the engagement.

(4) If any party affected knows that a person is under consideration for engagement as a parties' single expert--

(a) the party affected must not, prior to the engagement, communicate with the person for the purpose of eliciting the person's opinion as to the issue or issues concerned, and

(b) if the party affected has previously communicated with the person for that purpose, he or she must notify the other parties affected as to the substance of those communications.