(1) This section
applies only in respect of —
civil proceedings in or before a court; and
civil proceedings in or before any tribunal that is not a court.
(2) In this
privilege means privilege that would, apart from
this section and the rules of court mentioned in subsection (3), attach
to documents prepared for the purpose of pending or contemplated proceedings
or in connection with the obtaining or giving of legal advice; and
rules of court , without affecting the operation
of section 40 of the Interpretation Act 1918 3 , includes rules,
regulations, and by-laws prescribing the practice and procedure for and in
relation to proceedings in respect of which this section applies.
(3) There shall be a
derogation of privilege to the extent that rules of court applicable to expert
evidence so provides.
(4) Without limiting
any other power to make rules of court in respect of any tribunal of the kind
that is referred to in subsection (1)(c), such rules of court may make
provision for prescribing matters relating to expert evidence, including the
disclosure, by the furnishing of copies of reports or otherwise, of the nature
and substance of the expert evidence to be given, and including the exclusion
of expert evidence in case of non-compliance with the rules relating to expert
evidence or with any order for the disclosure of the nature and substance of
expert evidence, and in relation thereto —
the imposition of differing requirements depending on different classes of
cases, different classes of matters, or other different circumstances; and
the conferring of a discretionary authority.
[Section 32A inserted by No. 111 of 1976
Rules in particular cases
[ 33, 34. Deleted by No. 70 of 1988