CIVIL PROCEDURE ACT 2010 - SECT 65P Disclosure of retainer arrangements

CIVIL PROCEDURE ACT 2010 - SECT 65P

    (1)     Unless rules of court otherwise provide, a party to a civil proceeding may apply to the court for an order that an expert witness retained by any party to that proceeding disclose all or specified aspects of the arrangements under which the expert witness has been retained to—

        (a)     the court; and

        (b)     all the parties to the proceeding.

    (2)     On an application under subsection (1), the court may make any order for disclosure it considers appropriate in the circumstances of the proceeding.

    (3)     Without limiting subsection (2), the court may make an order that an expert witness disclose whether the charging or payment of the fees or costs of the expert witness, or the amount of those fees or costs, is contingent in any respect on the outcome of the proceeding, and if so, the details of that arrangement.

    (4)     A party must not adduce evidence of a disclosure made pursuant to an order made under this section at the trial without leave of the court.

S. 65Q inserted by No. 62/2012 s. 10.