here - Gordon & Jackson
here - Gordon & Jackson
here - Gordon & Jackson
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The Federal Magistrates Court<br />
The Federal Magistrates Court Rules 2001 deal with expert evidence in Division 15.2, which<br />
includes Rules 15.06A - 15.08. These provide as follows.<br />
15.06A Definition<br />
In this Division:<br />
expert, in relation to a question, means a person (other than a family and<br />
child counsellor or a welfare officer) who has specialised knowledge about<br />
matters relevant to the question based on that person’s training, study or<br />
experience.<br />
15.07 Duty to Court and form of expert evidence<br />
For an expert’s duty to the Court and for the form of expert evidence, an<br />
expert witness should be guided by the Federal Court practice direction<br />
guidelines for expert witnesses.<br />
Note While not intended to address all aspects of an expert’s duties, the<br />
key points in the guidelines are:<br />
an expert witness has a duty to assist the Court on matters relevant to<br />
the expert’s area of expertise<br />
an expert witness is not an advocate for a party<br />
the overriding duty of an expert witness is to the Court and not to the<br />
person retaining the expert<br />
if expert witnesses confer at the direction of the Court it would be<br />
improper for an expert to be given or to accept instructions not to reach<br />
agreement.<br />
15.08 Expert evidence for 2 or more parties<br />
(1) This rule applies if 2 or more parties to a proceeding call expert witnesses<br />
to give opinion evidence about the same, or a similar, question.<br />
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