Family Court Rules 2021

A party may seek permission to tender a report or adduce evidence from an expert witness by filing an application in a case.

The affidavit filed with the application must state —

whether the party has attempted to agree on the appointment of a single expert witness with the other party and, if not, why not; and

the name of the expert witness; and

the issue about which the expert witness’s evidence is to be given; and

the reason the expert evidence is necessary in relation to that issue; and

the field in which the expert witness is an expert; and

the expert witness’s training, study or experience that qualifies the expert witness as having specialised knowledge on the issue; and

whether there is any previous connection between the expert witness and the party.

When considering whether to permit a party to tender a report or adduce evidence from an expert witness, the court may take into account —

the purpose of this Division; and

the impact of the appointment of an expert witness on the costs of the case; and

the likelihood of the appointment expediting or delaying the case; and

the complexity of the issues in the case; and

whether the evidence should be given by a single expert witness rather than an expert witness appointed by 1 party only; and

whether the expert witness has specialised knowledge, based on the person’s training, study or experience —

relevant to the issue on which evidence is to be given; and

appropriate to the value, complexity and importance of the case.

If the court grants a party permission to tender a report or adduce evidence from an expert witness, the permission is limited to the expert witness named, and the field of expertise stated, in the order.