Planning and Environment Court Rules 2018
sch.1-sec.8Duty of expert [r 33(1), (2) and (5)]
Start here
Get a plain-English read of sch.1-sec.8
Turn the raw legal text into a practical explanation grounded in Planning and Environment Court Rules 2018.
sch.1-sec.8 Duty of expert [r 33(1), (2) and (5)]
The expert has a duty to assist the P&E Court. The expert— is not an advocate for an active party to the P&E Court proceeding; and must not accept instructions from any person to adopt or reject a particular opinion. The expert’s duties under this rule override any obligation the expert may have to— any active party to the P&E Court proceeding; or any person who is liable for the expert’s fees or expenses. (sch.1-sec.8-ssec.1) The expert has a duty to assist the P&E Court. (sch.1-sec.8-ssec.2) The expert— is not an advocate for an active party to the P&E Court proceeding; and must not accept instructions from any person to adopt or reject a particular opinion. (sch.1-sec.8-ssec.3) The expert’s duties under this rule override any obligation the expert may have to— any active party to the P&E Court proceeding; or any person who is liable for the expert’s fees or expenses.
- (a) is not an advocate for an active party to the P&E Court proceeding; and
- (b) must not accept instructions from any person to adopt or reject a particular opinion.
- (a) any active party to the P&E Court proceeding; or
- (b) any person who is liable for the expert’s fees or expenses.