Supreme Court (Chapter I Amendment No. 7) Rules 1998

i Supreme Court (Chapter I Amendment No. 7) Rules 1998 S.R. No. 100/1998 TABLE OF PROVISIONS Rule Page 1. Object 1 2. Authorising provisions 1 3. Commencement 1 4. Principal Rules 1 5. Substitution of definitions 1 6. Revocation of Rule 33.09 3 7. Substitution of Order 44 3 ORDER 44 3 EXPERT EVIDENCE 3 44.01 Definition 3 44.02 Application 3 44.03 Service of statement of expert evidence 4 44.04 Making statement of other party evidence 4 44.05 No evidence unless disclosed in statement 4 8. Authority of Masters 5 ═══════════════ NOTES 7 -- 1 of 8 -- 1 STATUTORY RULES 1998 S.R. No. 100/1998 Supreme Court Act 1986 Supreme Court (Chapter I Amendment No. 7) Rules 1998 The Judges of the Supreme Court make the following Rules: 1. Object The object of these Rules is to amend the Principal Rules in relation to the evidence of experts and the authority of Masters. 2. Authorising provisions These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers. 3. Commencement These Rules come into operation on 1 September 1998. 4. Principal Rules In these Rules, the General Rules of Procedure in Civil Proceedings 19961 are called the Principal Rules. 5. Substitution of definitions In Rule 33.03 of the Principal Rules— (a) for the definition of "dentist" substitute— ' "dentist" means— (a) a person registered or qualified to be registered as a dentist under the -- 2 of 8 -- S.R. No. 100/1998 Supreme Court (Chapter I Amendment No. 7) Rules 1998 2 Dentists Act 1972 or any corresponding enactment of another State or a Territory of the Commonwealth; (b) a person entitled to practise dentistry in a place out of Australia under an enactment of that place corresponding to the Dentists Act 1972, whether or not the person does so practise;'; (b) for the definition of "medical practitioner" substitute— ' "medical practitioner" means— (a) a person registered or qualified to be registered as a medical practitioner under the Medical Practice Act 1994 or any corresponding enactment of another State or a Territory of the Commonwealth; (b) a person entitled to practise medicine in a place out of Australia under an enactment of that place corresponding to the Medical Practice Act 1994, whether or not the person does so practise;'; (c) for the definition of "psychologist" substitute— ' "psychologist" means— (a) a registered psychologist as defined by the Psychologists Registration Act 1987; r. 5 -- 3 of 8 -- S.R. No. 100/1998 Supreme Court (Chapter I Amendment No. 7) Rules 1998 3 (b) a person who meets the requirements of paragraphs (b) and (c) of section 13 of the Psychologists Registration Act 1987; (c) a person who practises psychology in a place out of Victoria;'. 6. Revocation of Rule 33.09 Rule 33.09 of the Principal Rules is revoked. 7. Substitution of Order 44 For Order 44 of the Principal Rules substitute— 'ORDER 44 EXPERT EVIDENCE 44.01 Definition In this Order, unless the context or subject- matter otherwise requires, "a proceeding commenced by writ" includes— (a) a proceeding in respect of which an order has been made under Rule 4.07(1); (b) a trial or inquiry under Order 50; (c) an assessment of damages or value under Order 51. 44.02 Application (1) This Order applies only to a proceeding commenced by writ. (2) In a proceeding in which the plaintiff claims damages for bodily injury, the evidence of a r. 6 -- 4 of 8 -- S.R. No. 100/1998 Supreme Court (Chapter I Amendment No. 7) Rules 1998 4 person as an expert witness, if not subject to Order 33, is subject to this Order. (3) This Order does not apply to the evidence of a party who would, if called as a witness at the trial, be qualified to give evidence as an expert in respect of any question in the proceeding. 44.03 Service of statement of expert evidence (1) A party who intends at trial to adduce the evidence of a person as an expert witness shall, not later than 10 days before the day fixed for trial or within such other time as the Court may direct, serve on every other party a statement in accordance with paragraph (2). (2) The statement shall— (a) give the name and address of the witness; (b) describe the qualifications of the witness to give evidence as an expert; (c) give the substance of the evidence it is proposed to adduce from the witness as an expert, including the opinion of the witness and the acts, facts, matters and circumstances on which the opinion is formed. 44.04 Making statement of other party evidence A party may put in evidence a statement served on him by another party in accordance with Rule 44.03. 44.05 No evidence unless disclosed in statement (1) Save with the leave of the Court or by consent of the parties, a party shall not except in cross-examination adduce any r. 7 -- 5 of 8 -- S.R. No. 100/1998 Supreme Court (Chapter I Amendment No. 7) Rules 1998 5 evidence from a person as an expert witness at the trial of a proceeding unless that evidence is covered by a statement which the party has served in accordance with this Order. (2) For the purpose of paragraph (1), evidence is covered by a statement if the statement contains the substance of the matters sought to be adduced in evidence.'. 8. Authority of Masters In Rule 77.01(b) of the Principal Rules— (a) the items referring to the Magistrates' Courts Act 1971 are revoked; (b) the item referring to the Service and Execution of Process Act 1901 of the Commonwealth is revoked; (c) the item referring to the State Trust Corporation of Victoria Act 1987 is revoked; (d) the item referring to the State Trustees (State Owned Company) Act 1994 is revoked; (e) in the item referring to the Supreme Court Act 1986, after "32," insert "51A,". r. 8 -- 6 of 8 -- S.R. No. 100/1998 Supreme Court (Chapter I Amendment No. 7) Rules 1998 6 Dated: 30 July 1998 J. H. PHILLIPS, C.J. JOHN WINNEKE, P. ROBERT BROOKING, J.A. R. C. TADGELL, J.A. W. F. ORMISTON, J.A. JOHN D. PHILLIPS, J.A. STEPHEN CHARLES, J.A. F. H. CALLAWAY, J.A. J. M. BATT, J.A. PETER BUCHANAN, J.A. BARRY BEACH, J. BERNARD G. TEAGUE, J. P. D. CUMMINS, J. ALLAN W. McDONALD, J. T. H. SMITH, J. DAVID ASHLEY, J. J. A. COLDREY, J. DAVID BYRNE, J. D. L. HARPER, J. G. M. EAMES, J. ROSEMARY BALMFORD, J. ═══════════════ r. 8 -- 7 of 8 -- S.R. No. 100/1998 Supreme Court (Chapter I Amendment No. 7) Rules 1998 7 NOTES 1 Rule 4: S.R. No. 19/1996 as amended by S.R. Nos 137/1996, 138/1996, 31/1997, 137/1997, 138/1997 and 14/1998. Notes -- 8 of 8 --