Supreme Court (Chapter I Amendment No. 7) Rules 1998 (Vic)
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
i
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 experts and the authority of Masters.
2. Authorising provisions
These Rules are made under section 25 of the 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 PrincipalRules.
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
Supreme Court (Chapter I Amendment No. 7) Rules 1998
| r. 5 | S.R. No. 100/1998 |
Dentists Act 1972 or any
corresponding enactment of
another State or a Territory of theCommonwealth;
(b) dentistry in a place out of
Australia under an enactment of
that place corresponding to thea person entitled to practise the person does so practise;';
(b) for the definition of "medical practitioner" ' "medical practitioner" means—
(a) be registered as a medical
practitioner under the Medical
Practice Act 1994 or any
corresponding enactment ofa person registered or qualified to Commonwealth;
(b) medicine in a place out of
Australia under an enactment of
that place corresponding to the
Medical Practice Act 1994,a person entitled to practise practise;';
(c) for the definition of "psychologist" ' "psychologist" means—
(a) a registered psychologist as
defined by the Psychologists
Registration Act 1987;
Supreme Court (Chapter I Amendment No. 7) Rules 1998
r. 6
S. R. No. 100/1998
(b) requirements of paragraphs (b)
and (c) of section 13 of thea person who meets the 1987;
(c) a person who practises 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
Supreme Court (Chapter I Amendment No. 7) Rules 1998
| r. 7 | S.R. No. 100/1998 |
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
Supreme Court (Chapter I Amendment No. 7) Rules 1998
S.R. No. 100/1998 r. 8 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 thisOrder.
(2) For the purpose of paragraph (1), evidence is
covered by a statement if the statement
contains the substance of the matters soughtto 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,".
Supreme Court (Chapter I Amendment No. 7) Rules 1998
| r. 8 | S.R. No. 100/1998 |
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.
═══════════════
Supreme Court (Chapter I Amendment No. 7) Rules 1998
S.R. No. 100/1998 Notes
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.
0
0
0