Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations (1) In a case to which
this Division applies:
(a) the parties must
arrange for the expert witnesses to confer at least 28 days before the
relevant date; and
(b) each party must
give to the expert witness the party
has instructed a copy of the document
entitled Experts’ Conferences — Guidelines for expert
witnesses and those instructing them in cases in the Family Court of Australia
, the text of which is set out in Schedule 5.
(2) The court may, in
relation to the conference, make an order, including an order about:
(a) which expert
witnesses are to attend;
(b) where and when the
conference is to occur;
(c) which issues the
expert witnesses must discuss;
(d) the questions to
be answered by the expert witnesses; or
(e) the documents to
be given to the expert witnesses, including:
(i) Divisions 15.5.4,
15.5.5 and 15.5.6 of these Rules;
(ii) relevant
affidavits;
(iii) a joint
statement of the assumptions to be relied on by the expert witnesses during
the conference, including any competing assumptions; and
(iv) all
expert’s reports already disclosed by the parties.
(3) At the conference,
the expert witnesses must:
(a) identify the
issues that are agreed and not agreed;
(b) if practicable,
reach agreement on any outstanding issue;
(c) identify the
reason for disagreement on any issue;
(d) identify what
action (if any) may be taken to resolve any outstanding issues; and
(e) prepare a joint
statement specifying the matters mentioned in paragraphs (a) to (d) and
deliver a copy of the statement to each party.
(4) If the expert
witnesses reach agreement on an issue, the agreement does not bind the parties
unless the parties expressly agree to be bound by it.
(5) The joint
statement may be tendered as evidence of matters agreed on and to identify the
issues on which evidence will be called.