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EVIDENCE ACT 2001 - SECT 177 Certificates of expert evidence

EVIDENCE ACT 2001 - SECT 177

Division 4 - Procedures for proving other matters Certificates of expert evidence

(1)  Evidence of a person's opinion may be adduced by tendering an expert certificate signed by the person that –
(a) states the person's name and address; and
(b) states that the person has specialised knowledge based on training, study or experience as specified in the certificate; and
(c) sets out an opinion that the person holds and that is expressed to be wholly or substantially based on that knowledge.
(2)  Subsection (1) does not apply unless the party seeking to tender the expert certificate has served on each other party –
(a) a copy of the certificate; and
(b) a written notice stating that the party proposes to tender the certificate as evidence of the opinion.
(3)  Service must be effected not later than –
(a) 21 days before the hearing; or
(b) if, on application by the party before or after service, the court substitutes a different period, the beginning of that period.
(4)  Service for the purpose of subsection (2) may be proved by affidavit.
(5)  A party on whom the documents referred to in subsection (2) are served, by written notice served on the party proposing to tender the expert certificate, may require the party to call the person who signed the certificate to give evidence.
(6)  The expert certificate is not admissible as evidence if such a requirement is made.
(7)  The court may make any order with respect to costs it considers just against a party who, without reasonable cause, required a party to call a person to give evidence under this section.