Disclosure of expert’s report
45 Disclosure of expert’s report
In this regulation —
expert’s report means a statement by an expert in writing that sets out the expert’s opinion and the facts on which the opinion is formed and that contains the substance of the expert’s evidence that the party serving the statement intends to adduce in chief at the hearing.
Unless the Commission otherwise orders, each party in proceedings to which this regulation applies must, at least 21 days before the date set down for hearing, serve experts’ reports on each other party who has an address for service in the proceedings.
An application to the Commission for an order under subregulation (2) may be made in writing to the Commission citing the distinguishing number of the proceedings to which it relates.
The application must detail the nature of the order sought.
As soon as practicable after the application is filed the Registrar must serve a copy of the application on the respondent.
Unless the Commission otherwise orders, a party who requires the attendance of the expert for cross‑examination must advise the party serving the expert’s report not later than 7 days before the date set down for hearing.
Where the party serving the statement calls the witness at the hearing —
the party may not, except with the leave of the Commission, adduce evidence from the witness, the substance of which is not included in the statement served, except in relation to matters contained in a written statement served by another party or in relation to new matters that have arisen in the course of the hearing; and
the Commission may direct that the statement served, or part of it, is to stand as the evidence, or part of the evidence, in chief of the witness; and
any party may put the statement or any part of it in cross‑examination of the witness, whether or not the statement or any part of it is referred to during the evidence in chief of the witness.
Where more than one expert is to be called in the proceedings the Commission may —
require the experts to confer with one another in the absence of the parties and their representatives; and
require the experts to prepare a joint statement of any matters on which they agree, any matters on which they disagree, and the reasons for any disagreement; and
hear the evidence of the experts together.
[Regulation 45 amended: Gazette 28 Apr 2006 p. 1652; 5 Mar 2019 p. 621.]
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