Land Court Rules 2022
sec.19Directions generally
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sec.19 Directions generally
The court may, at any time, give the directions it considers appropriate about the use of expert evidence in a proceeding. Without limiting subrule (1) , 1 or more of the following directions may be given under this rule— a direction that reports be served within a particular period; a direction that expert evidence on a particular issue may not be adduced, or may be adduced only with the leave of the court; a direction that expert evidence may be adduced on particular issues only; a direction limiting the number of experts who may be called to give evidence on a particular issue or for a particular area of expertise; a direction requiring experts in relation to the same issue to confer before preparing their reports in relation to the issue; a direction requiring an expert who has prepared more than 1 report for a proceeding to prepare a single report that reflects the expert’s evidence-in-chief in the proceeding; a direction for an expert engaged jointly by the parties or nominated by the court, including— for an expert not yet engaged or nominated—how the expert will be engaged or nominated; and how the expert will be instructed; and who has the liability for the expert’s fees and expenses; and how the expert may seek information or instructions from the parties or the court; a direction about how and when expert evidence is to be adduced in the proceeding; any other direction that may assist an expert in the performance of the expert’s functions. This rule does not limit any other power of the court to make orders or give directions. (sec.19-ssec.1) The court may, at any time, give the directions it considers appropriate about the use of expert evidence in a proceeding. (sec.19-ssec.2) Without limiting subrule (1) , 1 or more of the following directions may be given under this rule— a direction that reports be served within a particular period; a direction that expert evidence on a particular issue may not be adduced, or may be adduced only with the leave of the court; a direction that expert evidence may be adduced on particular issues only; a direction limiting the number of experts who may be called to give evidence on a particular issue or for a particular area of expertise; a direction requiring experts in relation to the same issue to confer before preparing their reports in relation to the issue; a direction requiring an expert who has prepared more than 1 report for a proceeding to prepare a single report that reflects the expert’s evidence-in-chief in the proceeding; a direction for an expert engaged jointly by the parties or nominated by the court, including— for an expert not yet engaged or nominated—how the expert will be engaged or nominated; and how the expert will be instructed; and who has the liability for the expert’s fees and expenses; and how the expert may seek information or instructions from the parties or the court; a direction about how and when expert evidence is to be adduced in the proceeding; any other direction that may assist an expert in the performance of the expert’s functions. (sec.19-ssec.3) This rule does not limit any other power of the court to make orders or give directions.