A letter from an expert witness written in response to a request for 'a report in the usual terms' and addressing the particulars of a statement of claim constitutes an 'expert's report' under O39 of the ACT Supreme Court Rules, even if the party does not intend to rely on it at trial. A party cannot be selective about which of an expert's reports to serve. Implied waiver of privilege in source materials does not extend to material relating to particulars that have been deleted from the statement of claim where testimony has not yet been offered.
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