Federal Court Rules 2011

If a party (the proponent) proposes to tender, as evidence in a proceeding, experimental proof of a fact, the proponent must apply for orders in relation to the experimental proof, including orders about any of the following:

the service on other parties of particulars of the experiment and of each fact that the proponent asserts is, will or may be proved by the experiment;

any persons who must be permitted to attend the conduct of the experiment;

the time when, and the place where, the experiment must be conducted;

the means by which the conduct and results of the experiment must be recorded;

the time by which any other party (the opponent) must notify the proponent of any grounds on which the opponent will contend that the experiment does not prove a fact that the proponent asserts is, will or may be proved by the experiment.

Evidence of the conduct and results of the experiment is admissible in the proceeding, only:

if the proponent has complied with subrule (1) and any orders given under that subrule; or

with the leave of the Court.

If an order mentioned in paragraph (1)(e) has been made, and the opponent has not complied with the order in relation to a ground, the opponent may rely on the ground only with the leave of the Court.