Victorian Numbered Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 33.08

Service of reports by defendant

    (1)     A defendant shall serve on each other party who has an address for service in the proceeding any hospital report or medical report (other than a hospital report or medical report served on or supplied to the defendant by another party)—

        (a)     which the defendant intends to tender or the substance of which the defendant intends to adduce in evidence; or

        (b)     which otherwise the defendant intends to use at the trial.

    (2)     Paragraph (1) does not require the defendant to serve on the plaintiff a medical report served on the plaintiff under Rule 33.06, but the defendant shall by notice to the plaintiff in writing identify any medical report so served

        (a)     which the defendant intends to tender or the substance of which the defendant intends to adduce in evidence; or

        (b)     which otherwise the defendant intends to use at the trial.

    (3)     The defendant shall serve the hospital report or medical report and give any notice under paragraph (2)—

        (a)     within 14 days after notice of trial under Order 48 is filed and served; and

        (b)     in the case of a hospital report or medical report made to or obtained by or for the defendant after the time referred to in paragraph (a), forthwith—

or at such other time as the Court directs.

    (4)     In this Rule "defendant" includes a third or subsequent party.



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