Commonwealth Numbered Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 7.11

             (1)  A party may seek permission to tender a report or adduce evidence from an expert witness by filing an Application in a Proceeding.

             (2)  The affidavit filed with the application must state the following:

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

                     (b)  the name of the expert witness;

                     (c)  the issue about which the expert witness's evidence is to be given;

                     (d)  the reason the expert evidence is necessary in relation to that issue;

                     (e)  the field in which the expert witness is expert;

                      (f)  the expert witness's training, study or experience that qualifies the expert witness as having specialised knowledge on the issue;

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

             (3)  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 following:

                     (a)  the purpose of this Part (see rule 7.02);

                     (b)  the impact of the appointment of an expert witness on the costs of the proceeding;

                     (c)  the likelihood of the appointment expediting or delaying the proceeding;

                     (d)  the complexity of the issues in the proceeding;

                     (e)  whether the evidence should be given by a single expert witness rather than an expert witness appointed by one party only;

                      (f)  whether the expert witness has specialised knowledge, based on the person's training, study or experience:

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

                             (ii)  appropriate to the value, complexity and importance of the proceeding.

             (4)  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.

Note:          Despite an order under this rule, a party is not entitled to adduce evidence from an expert witness if the expert's report has not been disclosed or a copy has not been given to the other party (see rule 7.17).