Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) This rule applies to any expert witness, whether a single expert witness or an expert witness engaged by only one party or some parties.
(2) A party who instructs an expert witness to give an opinion for a proceeding or an anticipated proceeding must:
(a) ensure the expert witness has a copy of the most recent version of, and has read, Divisions 7.1.4, 7.1.5 and 7.1.6 of these Rules; and
(b) obtain a written report from the expert witness.
(3) All instructions to an expert witness must be in writing and must include:
(a) a request for a written report; and
(b) advice that the report may be used in an anticipated or actual proceeding; and
(c) the issues about which the opinion is sought; and
(d) a description of any matter to be investigated, or any experiment to be undertaken or issue to be reported on; and
(e) full and frank disclosure of information and documents that will help the expert witness to perform the expert witness's function.
(4) If a single expert witness is appointed, the parties must give the expert an agreed statement of facts on which to base the report.
(5) However, if a single expert witness is appointed and the parties do not agree on a statement of facts:
(a) unless the court directs otherwise, each of the parties must give to the expert a statement of facts on which to base the report; and
(b) the court may give directions about the form and content of the statement of facts to be given to the expert.