Land Court Rules 2022
sec.20Duty of expert
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sec.20 Duty of expert
An expert who gives evidence in a proceeding has a duty to assist the court in relation to any matter arising in the proceeding that is within the expertise of the expert. The expert’s duty to assist the court overrides any obligation the expert may have to any party to the proceeding, any person who engaged the expert to give evidence or any person who is liable for the expert’s fees or expenses. The expert must— be independent and impartial; and observe the limits of the expert’s expertise; and comply with these rules and any directions given by the court; and comply, to the extent applicable, with the code of conduct for experts set out in the uniform rules, schedule 1C . For the purpose of subrule (3) (d) , the code of conduct applies with necessary changes. (sec.20-ssec.1) An expert who gives evidence in a proceeding has a duty to assist the court in relation to any matter arising in the proceeding that is within the expertise of the expert. (sec.20-ssec.2) The expert’s duty to assist the court overrides any obligation the expert may have to any party to the proceeding, any person who engaged the expert to give evidence or any person who is liable for the expert’s fees or expenses. (sec.20-ssec.3) The expert must— be independent and impartial; and observe the limits of the expert’s expertise; and comply with these rules and any directions given by the court; and comply, to the extent applicable, with the code of conduct for experts set out in the uniform rules, schedule 1C . (sec.20-ssec.4) For the purpose of subrule (3) (d) , the code of conduct applies with necessary changes.
- (a) be independent and impartial; and
- (b) observe the limits of the expert’s expertise; and
- (c) comply with these rules and any directions given by the court; and
- (d) comply, to the extent applicable, with the code of conduct for experts set out in the uniform rules, schedule 1C .