EXPLANATORY STATEMENT
Statutory Rules 1985 No. 69
Issued by Authority of the Judges of the Supreme Court of the Australian Capital Territory.
AMENDMENTS OF THE RULES OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
These amendments affect medical experts who are required to give evidence in a matter before the Court.
The amendments provide for the delivery to medical experts of a notice specifying the date and time for the hearing and requesting his or her attendance. Such a notice may be in lieu of a subpoena. If the medical expert fails to attend in response to the notice, the Court may grant leave for the service of a subpoena on him or her without regard to the normal period of notice.
The amendments also provide that, unless the Court otherwise orders, such a notice may not be delivered later than six weeks before the date fixed for the relevant hearing. A notice directed to a medical expert may, in any event, be delivered at his or her office upon a person apparently engaged in his or her practice and of or above the age of 16 years without the necessity for personal service upon the medical expert.
The rules are intended to ease the problems experienced by medical experts in respect of Court attendances and those of the legal profession seeking to have medical experts attend to give evidence.