New South Wales Consolidated Regulations

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Selection and appointment

31.46 Selection and appointment

(cf SCR Part 39, rule 1; DCR Part 28A, rule 1; LCR Part 38B, rule 1)

(1) If an issue for an expert arises in any proceedings the court may, at any stage of the proceedings--
(a) appoint an expert to inquire into and report on the issue, and
(b) authorise the expert to inquire into and report on any facts relevant to the inquiry, and
(c) direct the expert to make a further or supplemental report or inquiry and report, and
(d) give such instructions (including instructions concerning any examination, inspection, experiment or test) as the court thinks fit relating to any inquiry or report of the expert or give directions concerning the giving of such instructions.
(2) The court may appoint as a court-appointed expert a person selected by the parties affected, a person selected by the court or a person selected in a manner directed by the court.
(3) A person must not be appointed as a court-appointed expert unless he or she consents to the appointment.
(4) If any party affected knows that a person is under consideration for appointment as a court-appointed expert--
(a) the party affected must not, prior to the appointment, 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 court as to the substance of those communications.

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