sec.133AExpert reports

sec.133A Expert reports

This section applies to a proceeding under this Act, other than a proceeding under part 7 . An expert report is admissible in evidence. However, if the person making the report (the expert ) does not attend to give oral evidence in the proceeding, the report is admissible only with the court’s leave. In deciding whether to grant leave, the court must have regard to— the content of the report; and the reason the expert is not attending to give oral evidence; and the risk the admission in evidence or exclusion from evidence of the expert report will result in unfairness to a party, in particular having regard to the party’s ability to dispute the content of the report if the expert does not give oral evidence; and any other relevant circumstance. An expert report admitted in evidence is evidence of any fact or opinion stated in the report of which the expert could have given oral evidence. In this section— expert report means a report made by a person that deals entirely or mainly with issues on which the person is qualified to give expert evidence, but does not include an analyst’s report. s 133A ins 2019 No. 7 s 89 (sec.133A-ssec.1) This section applies to a proceeding under this Act, other than a proceeding under part 7 . (sec.133A-ssec.2) An expert report is admissible in evidence. (sec.133A-ssec.3) However, if the person making the report (the expert ) does not attend to give oral evidence in the proceeding, the report is admissible only with the court’s leave. (sec.133A-ssec.4) In deciding whether to grant leave, the court must have regard to— the content of the report; and the reason the expert is not attending to give oral evidence; and the risk the admission in evidence or exclusion from evidence of the expert report will result in unfairness to a party, in particular having regard to the party’s ability to dispute the content of the report if the expert does not give oral evidence; and any other relevant circumstance. (sec.133A-ssec.5) An expert report admitted in evidence is evidence of any fact or opinion stated in the report of which the expert could have given oral evidence. (sec.133A-ssec.6) In this section— expert report means a report made by a person that deals entirely or mainly with issues on which the person is qualified to give expert evidence, but does not include an analyst’s report.

• (a) the content of the report; and
• (b) the reason the expert is not attending to give oral evidence; and
• (c) the risk the admission in evidence or exclusion from evidence of the expert report will result in unfairness to a party, in particular having regard to the party’s ability to dispute the content of the report if the expert does not give oral evidence; and
• (d) any other relevant circumstance.