CIVIL PROCEDURE ACT 2010 - SECT 65O Prohibition on other expert evidence without leave

CIVIL PROCEDURE ACT 2010 - SECT 65O

    (1)     Except by leave of the court, a party to a proceeding may not adduce evidence of any other expert witness on any issue arising in proceedings if, in relation to that issue—

        (a)     a single joint expert has been engaged; or

        (b)     a court appointed expert has been appointed.

    (2)     Without limiting any powers of the court, in determining whether to grant leave, the court must consider—

        (a)     whether one party does not agree with the evidence, or an aspect of the evidence, in the report of a single joint expert or the report of a court appointed expert, as the case requires;

        (b)     whether allowing additional evidence to be adduced would be disproportionate to—

              (i)     the complexity or importance of the issues in dispute; and

              (ii)     the amount in dispute in the proceeding;

        (c)     whether there is expert opinion which is different to the opinion of the single joint expert or the court appointed expert, as the case requires, which is, or may be, material to deciding the issue;

        (d)     whether any other expert witness knows of matters which are not known by the single joint expert or the court appointed expert that are, or may be, material to deciding the issue;

        (e)     any other relevant consideration.

S. 65P inserted by No. 62/2012 s. 10.