Planning and Environment Court Rules 2018
sec.33Duty of expert
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sec.33 Duty of expert
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 must comply with the requirements under the code of conduct. However, subrule (3) does not limit any provision of this part. 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. r 33 sub 2022 SL No. 18 s 10 (sec.33-ssec.1) The expert has a duty to assist the P&E Court. (sec.33-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. (sec.33-ssec.3) The expert must comply with the requirements under the code of conduct. (sec.33-ssec.4) However, subrule (3) does not limit any provision of this part. (sec.33-ssec.5) 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.