7.01Application of Part 7.1

7.01 Application of Part 7.1

(1) This Part (other than rule 7.14) does not apply to any of the following: (a) evidence from a medical practitioner or other person who has provided, or is providing, treatment for a party or child if the evidence relates only to any or all of the following: (i) the results of an examination, investigation or observation made; (ii) a description of any treatment carried out or recommended; (iii) expressions of opinion limited to the reasons for carrying out or recommending treatment and the consequences of the treatment, including a prognosis; (b) evidence from an expert who has been retained for a purpose other than the giving of advice or evidence, or the preparation of a report for a proceeding or anticipated proceeding, being evidence: (i) about that expert’s involvement with a party, child or subject matter of a proceeding; and (ii) describing the reasons for the expert’s involvement and the results of that involvement; (c) evidence from an expert who has been associated, involved or had contact with a party, child or subject matter of a proceeding for a purpose other than the giving of advice or evidence, or the preparation of a report for a proceeding or anticipated proceeding, being evidence about that expert’s association, involvement or contact with that party, child or subject matter; (d) evidence from a family consultant employed or engaged by the Federal Circuit and Family Court or the Family Court of a State.

Note: Example: An example of evidence excluded from the requirements of this Part (other than rule 7.14) is evidence from a treating doctor or a teacher in relation to the doctor’s or teacher’s involvement with a party or child.

(2) Nothing in this Part prevents an independent children’s lawyer communicating with a single expert witness.