FEDERAL COURT RULES 2011 - RULE 23.21 Examinations by a medical expert

FEDERAL COURT RULES 2011 - RULE 23.21

Application of this rule

  (1)   This rule applies to a proceeding if:

  (a)   a person's (the relevant person's ) physical or mental condition is relevant to a matter in question; and

  (b)   the relevant person is   a party or a person for whose benefit a party is claiming relief.

Party may request medical examination

  (2)   A notice requesting the relevant person to submit to an examination by a specified medical expert at a specified time and place may be served on the party referred to in paragraph   (1)(b) by another party to the proceeding.

  (3)   The relevant person may have a medical expert of their choice attend the examination.

  (4)   A party who serves a notice under subrule (2) must, on request by the relevant person, pay to the relevant person a reasonable sum to meet the travel and other expenses incurred by the relevant person in connection with the examination, including the expenses of having a medical expert chosen by the relevant person attend the examination in accordance with subrule (3).

  (5)   The party who serves a notice under subrule (2) must, as soon as reasonably practicable after the examination:

  (a)   obtain a medical report from the medical expert referred to in that subrule; and

  (b)   serve a copy of that report on the relevant person.

Court may order medical examination

  (6)   The Court may:

  (a)   order the relevant person to submit to an examination by a medical expert (including an order that the relevant person submit to an examination by a specified medical expert at a specified time and place); and

  (b)   make any other order the Court considers appropriate in relation to the examination.

  (7)   If the Court makes an order under subrule (6) requiring the relevant person to submit to an examination by a medical expert, the relevant person must do all things reasonably requested, and answer all questions reasonably asked, by the medical expert for the purposes of the examination.

Definitions for this rule

  (8)   In this rule:

"medical expert" means a person who, under a law of a State or Territory, is registered or licenced to practice in a health profession or allied health profession, including the following:

  (a)   dental;

  (b)   medical;

  (c)   occupational therapy;

  (d)   optometry;

  (e)   physiotherapy;

  (f)   psychology.