Victorian Consolidated Regulations

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MAGISTRATES' COURT GENERAL CIVIL PROCEDURE RULES 2020 - REG 44.03

Report of expert

    (1)     Unless otherwise provided, a party who intends at the hearing of a proceeding to adduce the evidence of a person as an expert must—

        (a)     as soon as practicable after the engagement of the expert and before the expert makes a report under this Rule, provide the expert with a copy of the code; and

        (b)     in the case of evidence to be adduced by an expert as to the cost of repairs to or replacement of a motor vehicle damaged in a motor vehicle accident, not later than 10 days before the day fixed for the hearing of the proceeding, serve on each other party, a report by the expert in accordance with clause 3 of the code and deliver a copy for the use of the Court; and

        (c)     in any other case, not later than 30 days before the day fixed for the hearing of the proceeding, serve on each other party, a report by the expert in accordance with clause 3 of the code and deliver a copy for the use of the Court.

Rule 44.03(2) inserted by S.R. No. 68/2023 rule 5.

    (2)     If a defendant in a proceeding gives notice of defence in respect of a complaint to which an itemised quotation or assessment is attached under Rule 5.05(2) or (3), the plaintiff who made the complaint must—

        (a)     as soon as practicable, provide the expert who made the itemised quotation or assessment with a copy of the code; and

        (b)     not later than 10 days before the day fixed for the hearing of the proceeding, serve on each other party a report by that expert in accordance with clause 3 of the code and deliver a copy for the use of the Court.

    (3)     If the expert provides to a party a supplementary report, including a report indicating that the expert has changed the expert's opinion on a material matter expressed in an earlier report—

        (a)     that party must without delay serve the supplementary report on all other parties; and

        (b)     in default of such service, the party and any other party having a like interest must not use the earlier report or the supplementary report at the hearing without the leave of the Court.

    (4)     Any report provided by the expert pursuant to this Rule must be signed by the expert and must be accompanied by clear copies of any photographs, plans, calculations, analyses, measurements, survey reports or other extrinsic matter to which the report refers.



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