Victorian Numbered Regulations

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MAGISTRATES' COURT (PERSONAL SAFETY INTERVENTION ORDERS) RULES 2011 (SR NO 96 OF 2011) - REG 9.01

Statement or report of expert to be filed

    (1)     A party who intends at the hearing to adduce the evidence of a person as an expert witness must, at least 5 working days before the date of the hearing at which the evidence is intended to be adduced, file—

        (a)     a statement in accordance with subrule (2); or

        (b)     a copy of a report in accordance with subrule (3).

    (2)     The statement must—

        (a)     give the name and professional address of the witness, unless the witness believes that disclosing his or her address would jeopardise his or her safety; and

        (b)     describe the qualifications to give evidence as an expert; and

        (c)     give the substance of the evidence it is proposed to adduce from the witness as an expert.

    (3)     The report must—

        (a)     give the name of the witness; and

        (b)     describe the qualifications to give evidence as an expert.

    (4)     A party who has not filed a statement or a copy of a report under subrule (1) must not adduce any evidence from a witness as an expert at the hearing of a proceeding unless—

        (a)     the Court grants leave; or

        (b)     the other parties consent; or

        (c)     the evidence is adduced in cross-examination.



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